Pubdate: Tue, 06 Jan 2004
Source: Fresno Bee, The (CA)
Copyright: 2004 The Fresno Bee
Contact:  http://www.fresnobee.com/
Details: http://www.mapinc.org/media/161
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

TRIAL ORDERED IN FRESNO MEDICINAL POT CASE

A Fresno man who uses marijuana to alleviate chronic pain will stand
trial on a charge of having the drug for sale, a judge ruled Monday.

Two other charges -- illegally possessing marijuana and illegally
growing it -- against 51-year-old Tommy Dean Allen were dropped during
his preliminary hearing.

Judge Wayne Ellison said it's clear that Allen suffers from permanent
disability and chronic pain. What is disputed, however, is whether
Allen had more marijuana than he needed and whether he was
accumulating the pot to sell.

On July 4, police raided an east-central Fresno home and confiscated
his marijuana plants. Allen was arrested, and the District Attorney's
Office charged him with growing 103 marijuana plants. A detective
testified that he was growing enough marijuana to supply 10 joints a
day and could harvest three crops a year with a street value between
$25,000 and $30,000.

His attorneys said he had only 99 plants that could not produce nearly
as much marijuana as police allege. They also argued that he had none
of the items usually associated with marijuana sales.
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