AEGiS-SFE: Medical pot case could test limits of Prop. 215

Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.

Medical pot case could test limits of Prop. 215

The San Francisco Examiner - Wednesday, Sept. 24, 1997
Jim Herron Zamora of the Examiner Staff

The arrest of an AIDS patient whose marijuana plants were seized has put the district attorney's office in the difficult position of trying to interpret the intent of Proposition 215, the voter-approved initiative that legalizes marijuana for medical use.

"This case may determine the parameters of Prop. 215," said John Shanley, spokesman for the district attorney. "Prop. 215 doesn't say how much marijuana you can have for medical purposes."

Tom Evans, 36, was arrested Monday night at his Mount Davidson home during a raid in which police said they found 41 marijuana plants and $15,000 in cash. Evans was arrested on suspicion of cultivating marijuana and possessing a controlled substance for sale.

But he was released without having to post bail at about 3 p.m. Tuesday and has not been charged with a crime. Shanley said that the case was under investigation and that prosecutors might decide whether to file charges later this week.

Police believe Evans was operating an illegal, commercial marijuana business. The raid occurred after a neighbor reported seeing marijuana plants on Evans' back deck, according to an application filed to obtain a search warrant. The neighbor, a retired federal judge, pointed out the plants to narcotics Officer John Keane.

Evans, who has been HIV-positive since 1983 and has ties to two medical marijuana clubs in The City, insists he is innocent: "I have AIDS, and I grow medicine - marijuana - for other people who are sick and cannot obtain this medicine. . . . I'm a hobbyist who got a little too big."
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