MAXIMUM TERM IN FEDERAL POT CASE

Sacramento -- The first Californian to fight federal drug charges using the
state's voter-approved medical marijuana law was sentenced yesterday 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 felony marijua-na
possession and cultivation.

U.S. District Judge Garland Burrell, imposing a higher sentence than
prosecutors asked, 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 con-sumption
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 re-peatedly 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
Balanco, 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 af-ter Proposition
215 passed, Ballanco said.

Prosecutors contended that Smith was trying to make a state-ment 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, re-ceive a "midrange" 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 that it is a state law and is
superseded by federal law.