Pubdate: Thu, 18 Jan 2001
Source: Press Democrat, The (CA)
Copyright: 2001 The Press Democrat
Contact:  Letters Editor, P. O. Box 569, Santa Rosa CA 95402
Fax: (707) 521-5305
Feedback: http://www.pressdemocrat.com/opinion/letform.html
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Author: Clark Mason, The Press Democrat
Related: http://www.mapinc.org/drugnews/v01/n073/a04.html

MEDICAL MARIJUANA GOES ON TRIAL

Santa Rosan Charged With Growing Pot Says He Needs It For Pain Management

As the county's first medical marijuana trial got under way Wednesday, a 
prosecutor described the defendant as someone who was "given an inch, but 
took a mile" by growing too many plants.

In opening statements, Sonoma County prosecutor Carla Claeys said Alan 
MacFarlane was given approval by his doctor to use marijuana but abused it 
by growing more than four times as much as he needed.

MacFarlane was twice arrested at his West Santa Rosa home in 1999, even 
though he alerted authorities that he was growing marijuana under 
Proposition 215, which was enacted by California voters in 1996.

Members of the Sonoma Alliance for Medical Marijuana said there have been 
less than a half-dozen similar trials in the state. They say juries have 
tended to side with defendants.

"Most (verdicts) are in favor of the patient. Juries are very friendly to 
them," said Ernest "Doc" Knapp, a spokesman for the medical marijuana group.

MacFarlane, 47, disputes that the 73 plants he was growing before his first 
arrest were excessive, or that the 36 plants narcotics officers seized the 
second time were too many.

"It will be irrefutable that this was a reasonable amount for personal, 
medical use," defense attorney Sandy Feinland said.

MacFarlane, a Vietnam-era veteran, said he suffers from chronic pain. 
Feinland said that requires much more marijuana than a recreational user.

The only witness to testify Wednesday was Sonoma County sheriff's Detective 
Rob Gordon, a member of the narcotics task force that went to MacFarlane's 
house in May 1999 after a neighbor reported marijuana was growing in the 
defendant's back yard.

Gordon said the defendant handed him a letter from his physician, L. Wayne 
Keiser of Santa Rosa, stating "I believe he would qualify for medical 
marijuana."

But Gordon said the doctor "told me this letter was not intended for him to 
have medical marijuana, or to grow it, but to assist Mr. MacFarlane to go 
through legal channels" and buy at cannabis buyers clubs.

Keiser is scheduled to testify today.

Feinland noted that physicians risk the loss of their license by 
prescribing marijuana since it is forbidden by federal law.

The detective responded that Keiser "wanted to be absolutely certain he 
didn't jeopardize his license."

Gordon said officers returned to MacFarlane's house in August 1999 after 
police chasing a robbery suspect through the back yard spotted marijuana 
plants.

The narcotics task force again obtained a search warrant and confiscated 
more plants, using a battering ram to gain access to the house.

Gordon said he saw a new letter from MacFarlane's doctor posted next to the 
plants, stating that his patient gets relief from multiple medical problems 
through the use of marijuana and it gives him a "semblance of normal life."

"After reading this, you took every single plant?" Feinland asked.

"Yes I did," Gordon replied.

He acknowledged under cross-examination that MacFarlane might have to pay 
$400 to $500 for an ounce of marijuana if he bought it on the street 
instead of growing his own.

Asked if that made it necessary for MacFarlane to "cultivate his own 
medicine," Gordon responded, "no."

MacFarlane faces a seven-year prison sentence if he is convicted, according 
to his attorney.
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