SENTENCING DRAMA

A sentencing scheduled for the federal court in Santa Ana today could offer
important insight into the state of the ongoing struggle between federal drug
enforcement agents and patients authorized under state law to use marijuana for
their illnesses. U.S. District Court Judge David O. Carter is scheduled to
sentence Michael Teague on charges of growing marijuana for trafficking.

Mr. Teague was arrested when officers discovered 102 marijuana plants growing
in his garage in Tustin. When they discovered that he was a patient with an
authorization from a physician, local authorities decided not to prosecute. But
federal authorities were informed a pistol was in the house. They decided to
prosecute him as a trafficker.

It used to be that federal authorities wouldn't get involved in a
marijuana-growing case that involved fewer than 1,000 plants. But they appear
to be on a crusade designed to nullify California's law that permits patients
to grow, possess and use marijuana for medical purposes.

The cases of Ed Rosenthal in Oakland, Scott Imler in Los Angeles and others
pending suggest that the feds are purposely targeting marijuana-medical
patients in order to intimidate others and effectively make California's law
null and void. Since marijuana is prohibited under federal law, they have
authority to do so. The question is whether, at a time of heightened concern
over terrorism, this is a prudent use of taxpayers' resources.

Michael Teague could face a mandatory minimum sentence of five years in federal
prison. But at a sentencing hearing last week, Judge Carter made it clear to
the prosecution that he wants real evidence - pay/owe sheets, an informant who
will say he made a purchase, testimony that the weapon was used or brandished
during deals - that Mr. Teague was trafficking rather than growing for his own
use, or the judge will be inclined to use the "safety valve" provided in the
law to impose less than the mandatory minimum sentence.

Imposing a sentence of two days, the time already served, plus probation, would
send a message to the government not to waste court and law enforcement time
and money on such cases.