Pubdate: Fri, 01 Dec 2000
Source: Press Democrat, The (CA)
Copyright: 2000 The Press Democrat
Contact:  Letters Editor, P. O. Box 569, Santa Rosa CA 95402
Fax: (707) 521-5305
Feedback: http://www.pressdemocrat.com/opinion/letform.html
Website: http://www.pressdemo.com/
Forum: http://www.pressdemo.com/opinion/talk/
Author: Clark Mason,  The Press Democrat

ARTIST'S POT RULED MEDICAL MARIJUANA

District Attorney Said Painter Had More Cannabis, Growing And Processed, 
Than Needed

JENNER - Almost two years after her arrest on charges of cultivating and 
selling marijuana, Jenner artist Mary Howard finally convinced Sonoma 
County prosecutors she is a legitimate medical-marijuana patient.

Howard, whose criminal case ended with a plea bargain Thursday, said she 
has been through hell and dozens of court appearances in her battle with 
authorities. But District Attorney Mike Mullins said the 60-year-old woman 
had a lot more pot than she needed just for herself.

Howard's case has been closely followed by the Sonoma County Alliance for 
Medical Marijuana, whose members have been critical of Mullins for 
prosecuting people the group believes were entitled to use medical marijuana.

"I don't find him compassionate on this subject. He's harassing us," Howard 
said. "We have a very heavy-handed D.A., taking people who are sick and 
persecuting them. He destroyed me financially."

But Howard's defense attorney, Jamie Thistlethwaite, said Mullins "is 
understanding and compassionate regarding the use of medical marijuana."

The prosecution could have insisted on a trial but agreed to a compromise, 
Thistlethwaite said.

Howard pleaded no contest to a misdemeanor marijuana possession charge, and 
Mullins, in exchange, agreed to drop the felony charges. Howard also agreed 
to forfeit cash and growing equipment seized by authorities.

Mullins said the ballot measure approved by voters in 1996 allowing medical 
marijuana has ambiguities and omissions, such as the amount of pot patients 
can use, where they get it, and how they obtain a physician's approval.

Mullins said he believed Howard was selling some of the marijuana she was 
growing, but he was not confident he could prove it in court.

Acting on an informant's tip, Sonoma County sheriff's deputies seized 153 
plants and about 5 pounds of processed marijuana from Howard's Timber Cove 
residence in January 1999. Along with the grow lights from the indoor 
garden, they also took more than $4,000 in cash.

Howard, an accomplished oil painter, said the money came from sales of her 
work and she was saving it for eye surgery.

A cancer survivor with severe arthritis and back problems from two auto 
accidents, Howard said she uses about 2 pounds of marijuana a year to treat 
her aches and insomnia.

"Marijuana is the only thing that allows me to sleep without a hangover. I 
can use it every night and get up and go to work in the morning," she said.

Mullins said the case dragged on for a number of reasons, including the 
length of time Howard's doctor took to provide a letter approving the use 
of the marijuana. Doctors are often hesitant to provide such 
recommendations, saying they fear reprisals from federal authorities.

Thistlethwaite said the case was delayed in part by two operations Howard 
had and because she changed defense attorneys.

Some of the conflict between authorities and medical-marijuana advocates in 
Sonoma County has been alleviated by a system that went into effect last 
year, after Howard was arrested.

Medicinal users now must forward their doctor's recommendations to a Sonoma 
County Medical Association peer review committee. Once approval is granted, 
it's up to the individual to contact the district attorney's office, which 
then decides how much marijuana the person can have.

The U.S. Supreme Court agreed Monday to hear an Oakland case that focuses 
on whether "medical necessity" is a defense against violating federal laws 
that prohibit distribution of marijuana.
- ---
MAP posted-by: Jo-D