ARTIST'S POT RULED MEDICAL MARIJUANA

District Attorney Said Painter Had More Cannabis, Growing And Processed,
Than Needed

JENNER - Almost two years after her arrest on charges of cultivating and
selling marijuana, Jenner artist Mary Howard finally convinced Sonoma
County prosecutors she is a legitimate medical-marijuana patient.

Howard, whose criminal case ended with a plea bargain Thursday, said she
has been through hell and dozens of court appearances in her battle with
authorities. But District Attorney Mike Mullins said the 60-year-old woman
had a lot more pot than she needed just for herself.

Howard's case has been closely followed by the Sonoma County Alliance for
Medical Marijuana, whose members have been critical of Mullins for
prosecuting people the group believes were entitled to use medical marijuana.

"I don't find him compassionate on this subject. He's harassing us," Howard
said. "We have a very heavy-handed D.A., taking people who are sick and
persecuting them. He destroyed me financially."

But Howard's defense attorney, Jamie Thistlethwaite, said Mullins "is
understanding and compassionate regarding the use of medical marijuana."

The prosecution could have insisted on a trial but agreed to a compromise,
Thistlethwaite said.

Howard pleaded no contest to a misdemeanor marijuana possession charge, and
Mullins, in exchange, agreed to drop the felony charges. Howard also agreed
to forfeit cash and growing equipment seized by authorities.

Mullins said the ballot measure approved by voters in 1996 allowing medical
marijuana has ambiguities and omissions, such as the amount of pot patients
can use, where they get it, and how they obtain a physician's approval.

Mullins said he believed Howard was selling some of the marijuana she was
growing, but he was not confident he could prove it in court.

Acting on an informant's tip, Sonoma County sheriff's deputies seized 153
plants and about 5 pounds of processed marijuana from Howard's Timber Cove
residence in January 1999. Along with the grow lights from the indoor
garden, they also took more than $4,000 in cash.

Howard, an accomplished oil painter, said the money came from sales of her
work and she was saving it for eye surgery.

A cancer survivor with severe arthritis and back problems from two auto
accidents, Howard said she uses about 2 pounds of marijuana a year to treat
her aches and insomnia.

"Marijuana is the only thing that allows me to sleep without a hangover. I
can use it every night and get up and go to work in the morning," she said.

Mullins said the case dragged on for a number of reasons, including the
length of time Howard's doctor took to provide a letter approving the use
of the marijuana. Doctors are often hesitant to provide such
recommendations, saying they fear reprisals from federal authorities.

Thistlethwaite said the case was delayed in part by two operations Howard
had and because she changed defense attorneys.

Some of the conflict between authorities and medical-marijuana advocates in
Sonoma County has been alleviated by a system that went into effect last
year, after Howard was arrested.

Medicinal users now must forward their doctor's recommendations to a Sonoma
County Medical Association peer review committee. Once approval is granted,
it's up to the individual to contact the district attorney's office, which
then decides how much marijuana the person can have.

The U.S. Supreme Court agreed Monday to hear an Oakland case that focuses
on whether "medical necessity" is a defense against violating federal laws
that prohibit distribution of marijuana.