$10 MILLION CLAIM FILED IN POT ARREST:

Cancer patient had prescription

A 71-year-old Fair Oaks cancer patient with a doctor's prescription to smoke
marijuana has filed a $10

million claim against Sacramento County alleging he was illegally arrested
for growing pot at home.

Robert DeArkland, who suffers from prostate cancer and arthritis, was
arrested Feb. 5 and charged with felony illegal possession and cultivation
of marijuana for sale. The charges stemmed from a law enforcement raid of
DeArkland's home last October in which narcotics officers from Sacramento
and Placer counties seized 13 marijuana plants, $420 in cash and a scale.

"I might not get a dime, but at least it may stop other people from being
harassed," DeArkland said.

Officials with the Sacramento County District Attorney's Office dropped the
charges against DeArkland last week, citing insufficient evidence to obtain
conviction.

DeArkland, a retired home inspector, said that armed officers descended on
his residence in full riot gear, barred his teenage children from leaving
for school and frightened his wife by saying they would seize their home if
he were convicted.

He added that he will file a lawsuit against the county if his claim is
rejected.

Sacramento County Acting Executive Robert Ryan declined to comment on the
claim, saying he had not yet read it.

Steve Grippi, a deputy district attorney with Sacramento County, said the
case highlights the ambiguities in the medical marijuana law approved by
voters in 1996. The law doesn't outline how much marijuana is acceptable for
personal use, nor does it define the types of serious illnesses for which
weed smoking is appropriate.

"I think there was a lot of evidence that maybe this wasn't legitimate
(medicinal use), but there wasn't evidence to prove it beyond a reasonable
doubt," Grippi said.

DeArkland stressed that at the time of the raid he had taped to his wall a
letter from the Oakland Cannabis Club and a doctor's written permission
saying he had the right to cultivate marijuana.

Grippi said drug enforcement officers believed that the number of plants
discovered at DeArkland's residence, the scale found on the premises, as
well as an elaborate cultivation light system for the weed suggested the
marijuana was being cultivated for more than personal use.

Local attorney Joe Farina, who represented DeArkland in the criminal portion
of his case, said he is handling about a half a dozen similar medicinal
marijuana cases in Sacramento County.

"This continues to be a problem in Sacramento County," Farina said of the
arrest of people who have a doctor's permission to smoke marijuana.

In Placer County, local dentist Dr. Michael A. Baldwin and his wife Georgia
are currently on trial for illegal possession of marijuana for sale after
law enforcement officers found 146 marijuana plants at their Loomis home.
Both had a doctor's prescription for the weed.