Jury Deadlocks in Marijuana Case Against Doctor

SAN RAFAEL, Calif. — A vote of not guilty by two Marin County jurors has allowed a podiatrist to avoid being convicted of cultivating marijuana, even though prosecutors say 135 plants were found at his Nicasio home.

The hung jury voted 10-2 in Marin County Superior Court on Wednesday to convict Dr. Alan Ager, who said he smoked marijuana to ease back pain. A unanimous vote was needed for conviction. If convicted, Ager could have been sentenced to three years in prison.

“I’m really thankful that there were so many courageous people,” Ager, 49, said. “It was my understanding in talking to one of the jurors that six people stood up solidly for me.”

Ager’s lawyer, Laurence Lichter, said a court hearing will be held in two weeks to determine whether there will be a new trial.

The prosecution argued that Ager was growing too much marijuana to be used for his own medical purposes.

Proposition 215, also known as the Compassionate Use Act, which passed in November, allows people to use medical marijuana with a doctor’s recommendation.

Ager said he has suffered back pain for about 10 years after an accident in which a motor home rolled on him.

Ager was arrested in 1993 after officers found 1,179 marijuana plants on his property, including some hidden in a hollowed-out haystack. Lichter said he was selling it at the time to support himself and his six children because he was unable to work as a podiatrist due to his back ailment.

The case was thrown out because evidence was destroyed.