Judge Gives Medic Marijuana Workers Probation, Scolds Prosecutors

Three men who pleaded guilty to distributing medical marijuana to seriously
ill patients received probation instead of a federal prison term after a
judge expressed admiration for their work and called the prosecution "badly
misguided."

Scott Imler, Jeff Yablan and Jeffrey Farrington received one year of
probation and up to 250 hours of community service. They faced up to 30
months in prison after striking a plea bargain with prosecutors.

"Though it was hard to keep faith in the system throughout this process, I
know mine was restored today," Imler said Monday as he thanked U.S.
District Judge A. Howard Matz for his leniency and prosecutors for treating
him with respect.

Matz said he was navigating "somewhat uncharted shoals" in making the
downward departure from sentencing guidelines, but the three men did not
distribute the marijuana for money or political leverage.

He also said they scrupulously adhered to rules established under
Proposition 215, the nation's first medical marijuana law, which allowed
Californians with cancer, HIV and certain other chronic medical conditions
to grow and use marijuana to ease nausea and other health problems if a
physician recommends it.

The 1996 state law conflicted with federal law banning the cultivation,
possession and use of marijuana, even for medical purposes. The conflicting
laws have led to numerous raids of medical marijuana centers and lawsuits.

The men ran the Los Angeles Cannabis Resource Center for five years until
2001, when federal agents raided it and shut it down. The center was
providing marijuana to about 960 patients suffering from AIDS, epilepsy,
glaucoma, cancer and other serious illnesses, said Imler's attorney, Ronald
Kaye.

Matz said the prosecution was "badly misguided." He said he was baffled and
disturbed that the Drug Enforcement Administration and prosecutors wasted
so much time and money in prosecuting the case.

"We don't contest the sincerity and good faith of these defendants," lead
prosecutor Patrick Fitzgerald told the judge. "But we do have a legal
regime in which a law was passed by Congress and I think ... all of us,
whether we agree with those rules or not, need to abide by them."

Nine states have laws allowing the infirm to grow or smoke marijuana with a
doctor's recommendation. Those states are Alaska, Arizona, California,
Colorado, Hawaii, Maine, Nevada, Oregon and Washington. Thirty-five states
have passed legislation recognizing marijuana's medicinal value, but
federal law declares cannabis an illegal drug with no medical benefit.


Pubdate: Tue, 25 Nov 2003
Source: San Francisco Chronicle (CA)
Webpage:
http://www.sfgate.com/cgi-bin/articl...138EST7241.DTL
Copyright: 2003 Hearst Communications Inc.
Contact: letters@sfchronicle.com
Website: http://www.sfgate.com/chronicle/