cannabisnews.com: High-Profile Pot User Sentenced! High-Profile Pot User Sentenced! Posted by FoM on August 06, 1999 at 16:13:56 PT Breaking News Source: Reuters SACRAMENTO, Aug. 6 (UPI) A self-declared medical marijuana user has received a maximum federal sentence in Sacramento of 27 months in prison. U.S. District Judge Garland Burrell Jr. imposed the penalty today on B.E. Smith, a 52-year-old Trinity County man who said he had a prescription under California's medical marijuana law to relieve problems related to Vietnam War service. Burrell ruled out any defense under Proposition 215, declaring that marijuana use is illegal under federal law, and he cited evidence that Smith had sold marijuana to others for $500 a pound. Smith called the judge "shortsighted, ignorant and cruel," but Burrell said the defendant was to blame for his sentence, and that only Congress can make exceptions to the prohibition of marijuana not the states. At one point in his trial, Burrell also clashed with actor Woody Harrelson, who spoke in Smith's defense and chided the judge for not recognizing Proposition 215. The 1996 voter-approved initiative allows doctors to prescribe marijuana for the relief of pain and other symptoms. Smith's case has been closedly watched as a possible precedent for medical marijuana defenses in the nine states and two territorial possessions covered by the 9th U.S. Circuit Court of Appeals in San Francisco. His attorney says he'll ask the court to overturn Smith's conviction.Updated 4:07 PM ET August 6, 1999 Pot Laws Clash; Grower Awaits Sentence - 8/06/77http://www.cannabisnews.com/news/thread2368.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by FoM on August 06, 1999 at 18:47:26 PT: Related Article Medical Marijuana Patient Gets Prison SentenceAugust 6, 1999http://www.sfgate.com/U.S. District Judge Garland Burrell, imposing a higher sentence than prosecutors sought, said Smith has shown an ``utter disdain for federal marijuana law.'' ``Marijuana is an evil in American society and a serious threat to people,'' Burrell told a courtroom packed with Smith's supporters. ``The public is only going to be protected from further crimes if Mr. Smith is incarcerated.'' Click the link to read the whole article: URL: http://www.sfgate.com/cgi-bin/cgiwrap/cnews/article.cgi?file=/news/archive/1999/08/06/state1912EDT0064.DTL [ Post Comment ] Comment #1 posted by FoM on August 06, 1999 at 17:11:18 PT: Related Article Calif. Man Sentenced as Feds Hit Medical Marijuana Updated 6:16 PM ETAugust 6, 1999 SACRAMENTO, Calif. (Reuters)http://news.excite.com/news/ - A federal judge Friday gave the longest possible prison sentence for the offense to a Vietnam veteran who had claimed that his "medical" marijuana crop was legal under California state law.U.S. District Judge Garland Burrell sentenced 52-year-old B.E. Smith to 27 months in federal prison, the first such sentence since California voters passed the "Compassionate Use Act" legalizing medical uses of marijuana in 1996."Every day I'm in prison will be seen by me as another day in service of my nation," Smith said before sentencing. "I forgive you for what you're about to do to me."Smith's case marked the latest clash over medical marijuana as California seeks to resolve the conflict between federal laws banning possession and cultivation of the drug and its own Proposition 215, the pioneering state measure allowing its medical use.Smith, who suffers from post-traumatic stress disorder after serving two tours of duty in Vietnam, obtained a prescription for medical marijuana after the state law was passed in 1996. He subsequently established himself as a "caregiver" to nine other patients, which under the state measure would allow him to cultivate cannabis plants.Long an outspoken champion of individual freedoms, Smith notified county supervisors and the local sheriff that he was planting 87 cannabis plants, and even posted a sign in the middle of the field identifying it as a medical marijuana garden.In Smith's trial, however, Burrell granted a motion by federal prosecutors seeking to ban any defense arguments related to the state law or to assertions about marijuana's alleged medical benefits.Smith's lawyers said Friday they would appeal Smith's conviction."This decision demonstrates the lack of compassion that gave rise to the need for Proposition 215 and medical marijuana initiatives in other states," attorney Thomas Ballanco said.A number of other U.S. states have followed California's lead and passed state measures approving limited medical uses for marijuana. But the federal government has vowed to assert the primacy of federal anti-narcotics laws, leaving the issue in a legal limbo. REUTERS Calif. Man Sentenced as Feds Hit Medical Marijuana [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: