MEDICAL MARIJUANA PATIENT GETS PRISON 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, accused of growing pot on federal land, was convicted in
May of felony marijuana possession and cultivation.

U.S. District Judge Garland Burrell imposed a higher sentence than
prosecutors sought and 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."

Smith, 52, was an outspoken supporter of Proposition 215, which
permits the growth and consumption of pot for medical use. It was
approved in 1996.

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 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.