Pubdate: Fri, 19 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
Website: http://www.pressdemo.com/
Forum: http://www.pressdemo.com/opinion/talk/
Author: Clark Mason, The Press Democrat
Related: http://www.mapinc.org/drugnews/v01/n103/a01.html

DOCTOR TESTIFIES HE APPROVED PATIENT'S MEDICINAL USE OF POT

Contradicting the arresting deputy's testimony, a physician said Thursday 
that he approved a Santa Rosa man's medical use of marijuana.

Dr. Wayne Keiser said he gave a green light to Alan MacFarlane to use 
marijuana but didn't tell him what amount to use or how many plants to grow.

Keiser said he trusted his patient to use the amount needed, and it seemed 
to be alleviating painful nerve paralysis in his neck and shoulder.

"I decided, based on a discussion with him, it was beneficial," Keiser 
testified at MacFarlane's trial. "I took him at his word. He used marijuana 
and said it gave him relief."

Keiser contradicted sheriff's detective Rob Gordon, who testified the 
doctor denied giving approval for MacFarlane to use medical marijuana.

Gordon headed a narcotics task force that went to MacFarlane's west Santa 
Rosa home twice during a three-month period in 1999, confiscating 109 
marijuana plants.

The Sonoma County district attorney contends MacFarlane was growing more 
than he needed for his medical needs. He is charged with two counts of 
marijuana cultivation.

Prosecutor Carla Claeys questioned the doctor in detail about the specifics 
of MacFarlane's medical problems. She asked if the physician's approval was 
contingent on moderate use of marijuana.

"No," Keiser replied.

Gordon on Thursday repeated his testimony that the first time he called, 
the doctor stated "in no way, shape or form did I approve the use of 
medical marijuana" for MacFarlane.

Keiser denied saying that to the detective.

"I told him I wrote letters and I had given him approval to use medical 
marijuana. He asked me if I approved the number of plants. I told him 
emphatically I hadn't approved the number."

The detective testified he would have left at least a few plants for 
MacFarlane if he truly thought it was a medical case, but the doctor gave 
him the impression he had been misled by his patient after being informed 
of the amount he was growing.

Defense attorney Sandy Feinland maintains that deputies exaggerated the 
amount of marijuana that could have been obtained from MacFarlane's plants 
and that it was a reasonable amount for his medical needs.

Although California voters in 1996 approved the use of marijuana for people 
with a doctor's approval, the measure didn't say where they can obtain it 
and how much they can use and grow.

Most counties, including Sonoma County, have no guidelines as to how many 
plants are allowed. In an attempt to resolve conflicts, the Sonoma County 
Medical Association established a committee to review the medical records 
of marijuana users who want to avoid hassles with law enforcement.

Medical marijuana advocates encourage patients to have their doctors 
recommend in writing how many grams of pot they can use per day. MacFarlane 
did not have approval from the committee at the time of his arrest, but he 
has since gained it.
- ---
MAP posted-by: Jo-D