MEDICAL MARIJUANA USER GETS 27-MONTH SENTENCE

SACRAMENTO (AP) - 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 accused of growing pot
on federal land, was convicted in May of 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 pot
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 post-traumatic 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 uers risk federal prosecution.