CALIF. MAN SENTENCED AS FEDS HIT MEDICAL MARIJUANA

SACRAMENTO, Calif. (Reuters) - A federal judge Friday gave the longest
possible prison sentence for the offense to a Vietnam veteran who had
claimed that his ``medical'' marijuana crop was legal under California state
law.

U.S. District Judge Garland Burrell sentenced 52-year-old B.E. Smith to 27
months in federal prison, the first such sentence since California voters
passed the ``Compassionate Use Act'' legalizing medical uses of marijuana in
1996.

``Every day I'm in prison will be seen by me as another day in service of my
nation,'' Smith said before sentencing. ``I forgive you for what you're
about to do to me.''

Smith's case marked the latest clash over medical marijuana as California
seeks to resolve the conflict between federal laws banning possession and
cultivation of the drug and its own Proposition 215, the pioneering state
measure allowing its medical use.

Smith, who suffers from post-traumatic stress disorder after serving two
tours of duty in Vietnam, obtained a prescription for medical marijuana
after the state law was passed in 1996. He subsequently established himself
as a ``caregiver'' to nine other patients, which under the state measure
would allow him to cultivate cannabis plants.

Long an outspoken champion of individual freedoms, Smith notified county
supervisors and the local sheriff that he was planting 87 cannabis plants,
and even posted a sign in the middle of the field identifying it as a
medical marijuana garden.

In Smith's trial, however, Burrell granted a motion by federal prosecutors
seeking to ban any defense arguments related to the state law or to
assertions about marijuana's alleged medical benefits.

Smith's lawyers said Friday they would appeal Smith's conviction.

``This decision demonstrates the lack of compassion that gave rise to the
need for Proposition 215 and medical marijuana initiatives in other
states,'' attorney Thomas Ballanco said.

A number of other U.S. states have followed California's lead and passed
state measures approving limited medical uses for marijuana. But the federal
government has vowed to assert the primacy of federal anti-narcotics laws,
leaving the issue in a legal limbo.