CASE TESTS STATE'S MEDICINAL POT LAW

Quantity Of Plants At Issue In Trial

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 more than 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 raids on his home, where sheriff's
deputies discovered 72 marijuana plants in May 1999. During another visit
in August 1999, they found 36 more and promptly uprooted them.

MacFarlane 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 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. "You're at the mercy of whatever officer shows up at your door."

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

Californians passed Proposition 215 in 1996. The law allows possession,
cultivation and use of marijuana for medicinal purposes.