Pubdate: Tue, 30 Jan 2001
Source: San Diego Union Tribune (CA)
Copyright: 2001 Union-Tribune Publishing Co.
Contact:  PO Box 120191, San Diego, CA, 92112-0191
Fax: (619) 293-1440


SANTA ROSA (AP) -- A man who grew nearly 100 marijuana plants he said were 
necessary to alleviate pain from his thyroid cancer was found not guilty 
yesterday of growing marijuana in excess of his medicinal needs.

The nine-woman, three-man jury found 47-year-old Alan MacFarlane not guilty 
of two counts of cultivation of marijuana and one count of possession of 
psychedelic mushrooms.

MacFarlane was arrested during two raids on his Santa Rosa 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.

Sonoma County District Attorney Mike Mullins blamed Proposition 215 for 
failing to specify exactly how much marijuana patients can use and where 
they should obtain it.

MacFarlane's attorney had argued that people who qualify for medical 
marijuana have no idea what limits exist on their crop cultivation. In 
fact, no limits have been defined.

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.
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