GIAUQUE GETS PRISON SENTENCE

SAN FRANCISCO -- Chris Robert Giauque, who made headlines earlier this year
during his battle with Humboldt County Sheriff Dennis Lewis over a seized
ounce of medical marijuana, now could spend more than a year in federal
prison for his latest drug conviction.

A raid of his Salmon Creek home in August by the Sheriff's Department and
federal Drug Enforcement Agency resulted in the seizure of more than 200
marijuana plants, along with more than 100 pounds of dried marijuana and
hash oil.

Giauque claimed the bust was a vindictive act by law enforcement, staged to
get back at him for his long-standing legal battle with Sheriff Dennis
Lewis. The sheriff has denied this claim. Giauque, who is a medical
marijuana patient, sued the sheriff's department earlier this year over an
ounce of pot seized from him during traffic stop in spring 2000. A federal
court has yet to rule on whether Giauque is entitled to the ounce of pot.
But his attempts, and Lewis' refusal, made news around the state and
provided fodder for both pro- and anti-marijuana debate camps.

=46ederal prosecutors, citing the large amount of pot seized in the August
raid, said they didn't believe Giauque was growing all of the pot solely
for medical use.

In a telephone interview on Wednesday, Giauque said he and his attorney
compiled 60 pieces of evidence in preparing his argument that the bust was
a vindictive act. But in the end he decided not to roll the dice, facing
losing a trial and going to prison for perhaps 10 years.

"I just had to cut my losses," he said.

Giauque pleaded guilty to felony possession of 90 plants, for which he'll
face 15 to 21 months in federal prison. He is not in custody, granted a
release until his sentencing in March at the U.S. District Court in San
Francisco.

Giauque already has two prior state convictions. On Wednesday he said he's
not happy about having to go to prison again, but conceded that as a
marijuana activist and user he knows that the possibility of jail time goes
with the territory.

"I think our drug laws are just atrocious," Giauque said. "We need to move
ahead and legalize marijuana ... We have violent criminals walking the
streets, and we bust someone with a little too much of one substance or
another."