MARIJUANA GROWER SENTENCED TO 27 MONTHS

SACRAMENTO The first Californian to fight federal drug charges using the
state's voter approved medical marijuana law was sentenced Friday to 27
months in prison.

B.E. Smith, an outspoken proponent of Proposition 215 who was accused of
growing marijuana on federal land, was convicted in May of felony marijuana
possession and cultivation.

U.S. District Judge Garland Burrell, imposing a higher sentence than
prosecutors sought, said Smith has shown an "utter disdain for federal
marijuana law." "Marijuana is an evil in American society and a serious
threat to people," Burrell told a courtroom packed with Smith's supporters.
"The public is only going to be protected from further crimes if Mr. Smith
is incarcerated." Proposition 215, approved in 1996, permits the growth and
consumption of marijuana for medical use.

The law could have shielded Smith in state court because he has a doctor's
recommendation to grow and smoke the plant to relieve posttraumatic stress
disorder from his service in Vietnam.

But possession and cultivation of marijuana remains illegal under U.S. law.
Federal officials have repeatedly told state officials that medical
marijuana users risk federal prosecution.

"Marijuana is a political tool but this is an issue of compassion and
patients are caught in the middle of this politicking," said Thomas
Ballanco, Smith's attorney. "And B.E Smith was brave enough to stand up and
put his foot in the middle of that wheel." Smith plans to appeal his
conviction, Ballanco said.