MAN GETS 18 MONTHS IN MARIJUANA CASE

Michael Teague Said He Grew The Plants
In His Home For Medicinal Purposes. Federal Prosecutors Had Sought A
Stiffer Sentence.

An Anaheim Hills man who said he cultivated 108 marijuana plants for
medicinal purposes was sentenced Monday to 18 months in prison.

Michael Teague, 33, had been found guilty of cultivating marijuana during a
bench trial in February before U.S. District Court Judge David Carter.

Acting on a tip, police went to Teague's then-Tustin home in April 2002 and
found the plants - all mature enough to have roots, stems and leaves - and
a gun.

Carter told Teague, who owns a pool-cleaning company, that he would have
gotten significantly less time if he had not been in possession of the handgun.

Federal prosecutors had sought a sentence of five years, arguing that
Teague sold marijuana to friends for $200 per ounce.

Teague maintained that he used the drug only because of chronic back pain
and that he was allergic to over-the-counter medication. He also said he
did not know he could be prosecuted under federal law, which does not
recognize a California law that permits patients to grow, possess and use
marijuana for medicinal purposes.

Teague has gained support from medicinal-marijuana activists, dozens of
whom attended his hearings.

At Monday's sentencing in Santa Ana, Carter said Teague had been "caught up
in a major power struggle between the federal government and the state"
over the legality of marijuana. But Carter told Teague "you placed yourself
there" and expressed skepticism that Teague was not aware of the
distinction between state and federal law.

Teague's mother, Anita Teague, sobbed as her son was led away by U.S.
marshals. Some family members reached out to touch him.

His attorney, J. David Nick, said he planned to appeal the sentence today
to the 9th Circuit Court in San Francisco, saying an 18-month term was too
harsh for someone with no prior criminal record.