Man Growing Medical Marijuana Sent To Jail By Feds From a news story by 8/8/99
It was no secret B.E. Smith grew marijuana in Trinity County, California. He told the cops. Smith claimed it was for sick people whose doctors recommended it for treatment. Legal, under California's medical marijuana law, it is illegal under federal law. When he grew pot on federal land he got busted. Smith was convicted for marijuana possession and cultivation. This week he was sentenced to 27 months in prison. To supporters, he's a political prisoner. Thomas Ballanco is Smith's attorney, " Patients are caught in the middle of this politicking. B.E. Smith was brave enough to stand up and put his foot in the middle of that wheel and say if some patients is going to be brave enough and standup and go to jail, it's going to be me" Federal judge Garland Burrell, who was also the judge in the Unabomber trial, banned any testimony about medical necessity or the medical marijuana law. When Woody Harrelson showed up as a character witness, the actor accused the judge of keeping the truth from the jury. Harrelson was nearly jailed for contempt. Besides California, Oregon, Washington and Alaska voters have passed medical marijuana laws. Seven other states are considering passage of similar laws according to legal experts these laws don't hold much weight in federal court. Don Heller is a former U.S. Attorney and he comments, "Federal law is supreme and the state proposition not withstanding is meaningless. Rusty Dornin asked, "Is that part of the constitution?" Don Heller answered, "It's part of the constitution" This is the first time the federal government aggressively prosecuted someone who claimed to be growing pot for medical purposes. Some say Smith was looking for a fight by growing his plants on federal land. Mary Smith says of her husband's work, "He's done this out of compassion not to cram it into the governments' face but because he believes in it with all his heart." A belief that has Smith planning what he'll do when he gets out. "I'm going to smoke a big fat joint" The judge says Smith is 'beyond rehabilitation'. The 27-month sentence was harsher than recommended by prosecutors.
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