COURT TO ASK: HOW MUCH POT IS TOO MUCH?

Grower Had More Than 100 'Medicinal' Plants

SANTA ROSA (AP) -- One marijuana joint for medical purposes under
California's Proposition 215 normally doesn't raise too many eyebrows these
days, but when a Santa Rosa man grew nearly 100 marijuana plants to keep
pace with his ailments, authorities stepped in and arrested him.

Now a jury will need to decide: How much medical marijuana is too much?

Alan MacFarlane, 47, was arrested during two raids on his home. In May
1999, sheriff's deputies discovered 72 marijuana plants at his home. During
another visit in August 1999 they found 36 more and promptly uprooted them.

He faces marijuana possession charges as well as a felony charge of
possessing hallucinogenic mushrooms. A jury is to be selected Tuesday to
hear his case.

MacFarlane is a disabled Vietnam veteran and says he uses marijuana to
alleviate chronic pain and nausea while recuperating from thyroid cancer.

"I'm fighting for the ability to take care of my medical needs and be
unmolested at home," MacFarlane said.

MacFarlane's attorney says people who qualify for medical marijuana under
Proposition 215 simply have no idea what limits exist on their crop
cultivation. In fact, no limits have been defined.

"That's what makes it so hard for patients. The problem is there are no
guidelines for how much to grow," said MacFarlane's attorney, Sandy Feinland.

MacFarlane was reportedly offered a deal to plead guilty to possession of
more than one ounce of marijuana, but he refused, explaining that if was
convicted, he would no longer be able to grow his own stash.

Another defense attorney for MacFarlane told a judge Friday that MacFarlane
wrote a letter to the Sonoma County Sheriff's Department in 1998 informing
officials he had medical approval to grow marijuana and had elected to do so.