JUDGE SLAMS GROWER OF `EVIL' POT

Prop. 215 Backer'S Sentence Tougher Than Feds Sought

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

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

U.S. District Judge Garland E. Burrell Jr., 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 medicinal 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 medicinal
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.

Smith made no secret of growing marijuana for himself and others after
Proposition 215 passed, Ballanco said.

Prosecutors contended Smith was trying to make a statement by growing
marijuana on federal land.

"His conduct was blatant, he did it intentionally, knowingly, and
blatantly," Assistant U.S. Attorney Nancy L. Simpson told the judge.

Still, Simpson recommended that Smith, 52, of the small Trinity County
community of Denny, receive a "mid-range" sentence of 21 to 27 months
because he had no prior criminal record.

Burrell disagreed, telling the courtroom that Smith "was beyond rehabilitation."

In September 1997, federal agents seized 87 marijuana plants Smith planted
on federal land near his home. Two months later, Smith was charged in a
federal grand jury indictment.

Smith tried to use Proposition 215 in his defense, but the judge barred
mention of it in court, saying it is a state law and is superseded by
federal law.

During the trial, Smith's defense could argue only that Smith was of good
character. Actor Woody Harrelson, a friend of Smith's who testified on his
behalf, was nearly jailed for contempt of court when he mentioned
Proposition 215.

California officials working on legislation to better implement Proposition
215 expressed outrage over Burrell's verdict.

"It's absolutely unconscionable that the federal government and now the
federal judiciary continues to oppose democratic actions by the citizens of
California," said Rand Martin, chief of staff for Sen. John Vasconcellos,
D-San Jose.