MEDICAL POT PATIENT GETS PRISON

By The Associated Press

SACRAMENTO, Calif. (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.