kfmb.com

San Diego Nov 19-- A medical marijuana activist, who said he was within his rights as a caregiver to grow the drug and sell it to patients, pleaded guilty to illegally cultivating marijuana plants at his San Diego residence.

Dion Markraaf, 34, was placed on three years probation and fined $538 in a hearing Tuesday before Judge Browder Willis.

"Now he understands the parameters of what he can grow," Deputy District Attorney Damon Mosler said this afternoon.

As a result of the plea bargain, felony charges of possession for sale and maintaining a place for the sale of marijuana were dropped, the prosecutor said.

A case against Markraaf's roommate, Abner Nevarez, also was dismissed, Mosler said.

Markraaf was arrested and charged nine months after a raid at his home netted more than 10 pounds of marijuana and $11,000-plus in cash.

Last December's raid came several weeks after a task force appointed by the San Diego City Council recommended that patients be allowed to possess up to three pounds of marijuana for medical use.

In the past, Markraaf has claimed to be a designated caregiver for people with AIDS, cancer and other diseases and entitled under state law to grow and distribute marijuana, with a doctor's recommendation.

He pleaded guilty in March 1999 to a felony charge of maintaining a place for distribution of a controlled substance and was placed on probation.

Markraaf's co-defendant in that case, Steven McWilliams, pleaded guilty in February to federal charges that he grew 25 marijuana plants in his front yard.

McWilliams is free pending an appeal to the 9th U.S. Circuit Court.

Though California's Proposition 215 enables some people to grow pot for medical reasons, the federal government does not recognize it and continues to prosecute growers