cannabisnews.com: Prison Term in Medical Pot Case!





Prison Term in Medical Pot Case!
Posted by FoM on August 07, 1999 at 13:10:51 PT
Update on B.E. Smith
Source: Sacramento Bee
B.E. Smith, the Vietnam veteran and Trinity County pot grower who has become a symbol of what some see as the government's intransigence toward medicinal marijuana, was sentenced in Sacramento Friday to the maximum 27 months in prison.
It is the first federal prosecution in California to go to trial against someone claiming to be a marijuana patient and caregiver since the 1996 passage of Proposition 215 -- the state's Compassionate Use Act.The case has been marked by controversy, ill will and an explosive appearance on the witness stand by Smith's friend, film actor Woody Harrelson.Friday's sentencing came down to a last bitter confrontation between the defendant and U.S. District Judge Garland E. Burrell Jr. that played to a tense courtroom overflowing with angry Smith supporters, reporters and court staff.Smith, 52, who has been diagnosed with post-traumatic stress disorder, told Burrell that he grew marijuana "for all, including myself, who suffer from illnesses that can be helped" by it.In barring evidence of that motivation at the May trial, Smith said, Burrell betrayed his "bias and prejudicial views and a personal anger toward" people working for the legalization of the drug.The judge's refusal to allow such testimony had prompted Harrelson to accuse Burrell of "keeping the truth from the jury" and of not having "much respect for the law." In return, the judge warned the actor that, if he didn't drop his defiant behavior, he would be jailed.On Friday, Burrell cited a federal appellate court's 1994 finding that "the medical value of marijuana has never been proven in sound scientific studies."Further, the judge said, his courtroom is "not the place to protest Congress' value choices."Burrell denied a probation officer's recommendation for leniency based on what the officer found was Smith's willingness to accept responsibility for his actions.The judge also rejected the officer's conclusion that Smith's false testimony at trial "does not appear to be material," and he increased the punishment because of what he described as Smith's "outright lies," which he found to be material. He then went to the top of the sentencing guideline range, even though Smith has no prior criminal record, saying he is convinced Smith will continue to grow marijuana "as soon as he leaves the gates of prison.""Am I wrong?" Burrell asked Smith's attorney, Thomas Ballanco."You could sentence him to be shot at dawn," replied Ballanco. "I don't think he would change his mind that people should not be condemned to live in needless pain. That's not the kind of law our country was founded on.""I forgive you for what you are about to do to me," was Smith's final comment to the judge."Mr. Smith," responded Burrell, "you are going to prison not because of me, but because of the course you chose. You continue to show your disdain for federal law."Outside the courthouse, Ballanco said the sentence "demonstrates the lack of compassion that gave rise to the need for Proposition 215. We will file a notice of appeal immediately, and have no doubt that the court of appeals will reverse most of this court's rulings that denied the jury the opportunity to hear the true facts in this case."In imposing the sentence, the judge rejected any notion that growing and possessing marijuana -- the crimes of which Smith was found guilty -- are non-violent and victimless.Burrell quoted congressional findings that marijuana is "beyond doubt an evil in American society."The California law offers immunity from prosecution to designated caregivers and patients with a terminal illness and no alternative remedy who have a doctor's prescription.Prosecutors say that Smith, who obtained a prescription from a chiropractor, doesn't even meet the criteria for state immunity.Smith says he began smoking pot in 1972 to ease the stress from two tours of duty in Vietnam and, after passage of the state initiative, became a caregiver for nine people.He made no secret that he had a marijuana garden on property owned by a friend, Martin Lederer, near Denny, a Trinity County town of 20 people. Smith's lawyers believe he was singled out by federal authorities because he boasted publicly about what he was doing.A month ago, Lederer pleaded guilty to possessing marijuana and was fined $1,000 by U.S. Magistrate Judge John F. Moulds.Tim Zindel, a highly respected assistant federal defender who represented Lederer, Friday described Smith's trial as "a strange distortion of what really happened."By Denny WalshBee Staff Writer (Published Aug. 7, 1999)Newshawk: Jean CowsertHigh-Profile Pot User Sentenced - 8/06/99http://www.cannabisnews.com/news/thread2383.shtml
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Comment #3 posted by David Case on March 07, 2000 at 10:07:39 PT:
ATTN: W.H.
Dude, use some of that pot o' gold ya got to fund more research. There is a great study out there citing work by Dr. Donald Tashkin, professor of medicne at UCLA--we need more like this. Good luck in the appeal! We may never get Congressional approval, but we gotta start somewhere!! Good fight!
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Comment #2 posted by Pauline Ross on February 14, 2000 at 14:05:36 PT:
help
I'm trying to find a Dr. to help me with some legal problum I'm 29 years old I'v been sick from rotten teeth.I weigh 98lbs I was smoking marijuana and was up to 115lbs (5ft2in). I'v just started a custody battle and my ex has ordered drug testing to be done for the next 3 months.I only have root tips left for teeth.I cant afford dentures and the state of Co. where I live keeps denying me medicade.I'm loosing 1-2 lbs every other day.I'v always had a eating problum anyways.My mom has always hatted marijuna until this past year now she has seen the benifits of it.I need is a letter stating for my med condition it makes sence.My old doctor even said it maid perfect sence but because he is best friends with my ex father-in law he stopped being my Dr.If you can help in any way please e-mail me at Lgphillips prodigy.net.Ethan Russo gave me John Fichenkorts name I'm waiting for his call also Thank you Pauline Ross.
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Comment #1 posted by FoM on August 08, 1999 at 12:18:16 PT:
Med.Marijuana Grower Slapped With Stiff Sentence
Medical Marijuana Grower Slapped With Stiff SentenceAugust 7, 1999Web posted at: 7:47 p.m. EDT (2347 GMT)By Correspondent Rusty Dorninhttp://cnn.com/ When asked about his plans for life after prison, Smith said, "I'm going to smoke a big joint" SAN FRANCISCO (CNN) -- It was no secret that B.E. Smith grew marijuana on his farm in Trinity County, California. He even told police about his agricultural pursuits. Smith said he grew marijuana for sick people whose doctors recommended it for treatment. That's legal under California's medical marijuana law. But when Smith grew pot on federal land, he was arrested and convicted for marijuana possession and cultivation. This week, he was sentenced to 27 months in prison. To supporters of medical marijuana, Smith is a political prisoner, tangled between the will of the people of California and federal officials with no tolerance for medical marijuana. "This is an issue of compassion, and patients are caught in the middle of this politicking," says Thomas Ballanco, Smith's attorney. "(He) was brave enough to stand up and put his foot in the middle of that wheel and say, 'If some patient has to go to jail, it's going to be me.'" But during Smith's trial, U.S. District Judge Garland Burrell, who also was the judge in the Unabomber trial, banned any testimony about medical use of marijuana or California's law permitting the practice. Woody Harrelson a character witness When actor Woody Harrelson showed up as a character witness, he accused the judge of keeping the truth from the jury -- and was nearly jailed for contempt.  Voters in California, Oregon, Washington and Alaska have approved laws authorizing the use of medical marijuana   Smith's case marked the first time the federal government has aggressively prosecuted someone who claimed to be growing pot for medical purposes. Some critics say Smith was looking for a fight by growing his plants on federal land, a charge rejected by his wife, Mary. "He's done this out of compassion -- not to cram it into the government's face but because he believes in it with all his heart," she says. Voters in California, Oregon, Washington and Alaska have all approved laws authorizing the use of medical marijuana, and similar measures are being considered in seven other states. But according to legal experts, these laws don't hold much weight in federal court. "Federal law is supreme, and the state proposition, notwithstanding, is meaningless," said Don Heller, a former U.S. attorney. Calling Smith "beyond rehabilitation," Judge Burrell handed him a longer sentence than prosecutors had recommended. Asked what he plans to do when he gets out of prison, Smith made it clear that the conviction didn't change his philosophy about marijuana use. "When I get out, I'm going to smoke a big joint," he said.Federal report reignites medical marijuana debate-3/17/99http://cnn.com/HEALTH/9903/17/medical.marijuana/Singing the praises of pot on 'Hempilation 2'- 11/20/98http://cnn.com/SHOWBIZ/Music/9811/20/hempilation/index.htmlStudy casts doubt on marijuana's effectiveness as glaucoma treatment - 11/13/98http://cnn.com/HEALTH/9811/13/marijuana.glaucoma/index.htmlClick the link to read more:
Med.Marijuana Grower Slapped With Stiff Sentence
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