CANCER PATIENT SAYS HE HAD LEGAL RIGHT TO GROW MARIJUANA

RANCHO CUCAMONGA, Calif. (AP) -- A man critically ill with cancer could
face prison for growing marijuana he claims was legal under California's
Proposition 215.

Timothy Weltz, 38, was to face felony charges of cultivating marijuana at a
scheduled Tuesday hearing in San Bernardino County Superior Court.

"I did nothing criminally wrong," said Weltz, who has lymphatic cancer and
may have only six months to live.

"This is insane," he told The Press-Enterprise of Riverside for a story
published Saturday.

Sheriff's deputies found more than 20 marijuana plants growing in his yard
last month when they answered a report of a domestic disturbance at his
home. Weltz said he had an argument with his ex-wife, who was visiting.

Weltz was not arrested but he later received a summons from the district
attorney's office to appear in court to face the pot cultivation charge and
a count of battery on his former wife.

He contends the marijuana helps relieve some of the nausea from his cancer
treatments, and that he legally grew it under Proposition 215, the state
initiative that legalized the cultivation, use and possession of marijuana
for medicinal purposes on a doctor's recommendation.

Weltz said he won't plead guilty or accept a plea bargain.

"I won't accept this," he said. "I would rather take my chances with
serious jail time than make a deal for probation ... I'm fighting for my
life here."

Assistant District Attorney Dan Lough said Weltz was unable to produce
evidence for the deputies of his illness or his doctor's endorsement for
using marijuana.

Weltz said he will bring a letter from his doctor to court.

Dr. Linda D. Bosserman, a Rancho Cucamonga cancer specialist, wrote that
Weltz has used "inhaled THC" from privately grown plants, free of
pesticides, and found this effective in controlling his severe nausea,
vomiting and anxiety caused by his treatments and the overall stress of his
disease.

Checked-by: Joel W. Johnson