cannabisnews.com: Californian With Pot Prescription Convicted! Californian With Pot Prescription Convicted! Posted by FoM on May 27, 1999 at 15:56:08 PT Source: NORML Sacramento, CA A federal jury convicted a California resident on marijuana cultivation charges after a judge ruled that the defendant's medically supervised use of the drug did not protect him from federal prosecution. "It is a sad day when the federal government elects to prosecute a patient who clearly qualifies for the medical use of marijuana under state law," NORML Executive Director R. Keith Stroup, Esq. said. "It is unconscionable to treat seriously ill patients as criminals, even if federal law permits it." A jury found patient B.E. Smith guilty on marijuana possession and cultivation charges for planting an 87-plant garden in 1997. Smith, who possessed a doctor's recommendation to use marijuana, notified state and local authorities that he was growing marijuana for medical use. State authorities declined to prosecute Smith because of his apparent compliance with Proposition 215, the state's medical marijuana law, but federal prosecutors pursued the case. U.S. District Judge Garland E. Burrell, Jr. ruled before the trial that California's law legalizing medical marijuana could not shield Smith from federal prosecution. Smith is the first California patient convicted in federal court since the passage of Prop. 215. Smith's attorneys said they will appeal the ruling to the 9th U.S. Circuit Court of Appeals. For more information, please contact NORML Litigation Director Tom Dean (202) 483-8751. Home Comment Email Register Recent Comments Help Comment #1 posted by dave on September 16, 2001 at 07:34:33 PT: angziety disorder ocd got busted smoking in nj and have to go to court on nov 11moving to california, can i get a doctors not for njdave [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: