cannabisnews.com: Court Case to Test How Much is Too Much Marijuana





Court Case to Test How Much is Too Much Marijuana
Posted by FoM on January 13, 2001 at 17:44:07 PT
By The Associated Press
Source: S.F. Gate
One marijuana joint for medical purposes under California's Proposition 215 normally doesn't raise too many eyebrows these days, but when a Santa Rosa man grew nearly 100 marijuana plants to keep pace with his ailments authorities stepped in and arrested him. Now a jury will need to decide: How much medical marijuana is too much? 
Alan MacFarlane, 47, was arrested during to raids on his home. In May 1999, sheriff's deputies discovered 72 marijuana plants at his home. During another visit in August 1999 they found 36 more and promptly uprooted them. He faces marijuana possession charges as well as a felony charge of possessing hallucinogenic mushrooms. A jury is to be selected Tuesday to hear his case. MacFarlane is a disabled Vietnam veteran and says he uses marijuana to alleviate chronic pain and nausea while recuperating from thyroid cancer. ``I'm fighting for the ability to take care of my medical needs and be unmolested at home,'' MacFarlane said. MacFarlane's attorney says people who qualify for medical marijuana under Proposition 215 simply have no idea what limits exist on their crop cultivation. In fact, no limits have been defined. ``That's what makes it so hard for patients. The problem is there are no guidelines for how much to grow,'' said MacFarlane's attorney, Sandy Feinland. ``You're at the mercy of whatever officer shows up at your door.'' MacFarlane was reportedly offered a deal to plead guilty to possession of more than one ounce of marijuana, but he refused, explaining that if was convicted he would no longer be able to grow his own stash. Another defense attorney for MacFarlane told a judge Friday that MacFarlane wrote a letter to the Sonoma County Sheriff's Department in 1998 informing officials he had medical approval to grow marijuana and had elected to do so. But the sheriff's department disputes MacFarlane's claim that a deputy called him back after receiving the letter and told him it was OK to grow the plants. After receiving a call from a neighbor of MacFarlane, sheriffs deputies obtained a search warrant, found the plants and dug them up. Sonoma County District Attorney Mike Mullins blames Proposition. 215 for failing too specify exactly how much marijuana patients can use and where they should obtain it from. Last month a Hesperia man went to court to get his confiscated marijuana plants back from the San Bernardino Sheriff's Department. Wayne Hobbs 162 pot plants were confiscated after authorities found them while responding to a burglar alarm at his house. Californians passed Proposition 215 in 1996. The law allows possession, cultivation and use of marijuana for medicinal purposes. Implementation of the measure has proven difficult, however, as lawmakers struggle to agree on guidelines for prescribing and distributing the drug. Complete Title: Court Case to Test How Much is Too Much Medicinal Marijuana Source: Associated Press Published: Saturday, January 13, 2001 Copyright: 2001 Associated Press Related Articles:Case Tests Limits of Medical Marijuana Law http://cannabisnews.com/news/thread8309.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #1 posted by kelly wells on January 14, 2001 at 13:12:34 PT
hello
what is ur health midterm thing i have marijuana 
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