Pubdate: Sun, 23 Aug 1998
Source: Arizona Daily Star
Contact:  http://www.azstarnet.com/
Author: Riverside Press-Enterprise

GRAVELY ILL CANCER PATIENT PROSECUTED FOR GROWING POT

RANCHO CUCAMONGA, Calif. - A cancer patient who may have only six months to
live faces charges of growing marijuana. He and his doctor say his use was
strictly medicinal.

Timothy Weltz, 38, whose cancer is attacking his lymphatic system, is
scheduled to face felony charges Tuesday in San Bernardino County Superior
Court.

His case may be the area's first legitimate use of Proposition 215, the
so-called Compassionate Use Act of 1996, as a defense for cultivating and
smoking marijuana for medical purposes.

An elevator installer and former Navy medical corpsman, Weltz appears
fatigued and underweight. His swollen lymph glands are the size of
baseballs, and his cancer has invaded his spine.

Sheriff's deputies came to his door around 4 a.m. June 23 in response to a
domestic disturbance complaint sparked by an argument with his ex-wife, who
was visiting, he said. The officers noticed he had more than 20 marijuana
plants growing in his yard and confiscated them.

Although deputies handcuffed Weltz, he was not arrested or cited. Last
month, however, he received a summons from the District Attorney's Office
to appear in court this Tuesday.

Weltz vows to plead innocent to the charge of cultivating marijuana.

``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 could produce no evidence
of his illness or his doctor's endorsement for using marijuana.

Proposition 215 is specific, said Matt Ross, spokesman for California
Attorney General Dan Lungren. Doctors can recommend that seriously ill
patients grow and use the plant. Or a primary caregiver can provide
marijuana for the patient.

Linda D. Bosserman, a Rancho Cucamonga cancer specialist, wrote that Weltz
has used ``inhaled THC'' from privately grown plants and found it effective
in controlling his severe nausea, vomiting and anxiety caused by his
disease.

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