Medical pot case could test limits of Prop. 215

Jim Herron Zamora
OF THE EXAMINER STAFF

The arrest of an AIDS patient whose marijuana plants were seized
has put the district attorney's office in the difficult position of
trying to interpret the intent of Proposition 215, the
voterapproved initiative that legalizes marijuana for medical use.

"This case may determine the parameters of Prop. 215," said John
Shanley, spokesman for the district attorney. "Prop. 215 doesn't
say how much marijuana you can have for medical purposes."

Tom Evans, 36, was arrested Monday night at his Mount Davidson home
during a raid in which police said they found 41 marijuana plants
and $15,000 in cash. Evans was arrested on suspicion of cultivating
marijuana and possessing a controlled substance for sale.

But he was released without having to post bail at about 3 p.m.
Tuesday and has not been charged with a crime. Shanley said that
the case was under investigation and that prosecutors might decide
whether to file charges later this week.

Police believe Evans was operating an illegal, commercial marijuana
business. The raid occurred after a neighbor reported seeing
marijuana plants on Evans' back deck, according to an application
filed to obtain a search warrant. The neighbor, a retired federal
judge, pointed out the plants to narcotics Officer John Keane.

Evans, who has been HIVpositive since 1983 and has ties to two
medical marijuana clubs in The City, insists he is innocent: "I
have AIDS, and I grow medicine marijuana for other people who
are sick and cannot obtain this medicine. . . . I'm a hobbyist who
got a little too big."