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Canada: 'Impossible' Pot Rules Challenged

Daryl Slade

Calgary Herald

Thursday 06 Jul 2006

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The government provides a legal method for a person to grow and possess
marijuana for personal medical reasons, but makes it "almost impossible"
to do so, a lawyer argued on Wednesday.

John Hooker, counsel for longtime Calgary pot crusader Grant Krieger,
told provincial court Judge William Pepler that it is similar to the
issue in the Morgentaler case, in which the government permits women to
legally have abortions but then puts hurdles in place.

"Very few doctors will sign certificates for persons to be allowed to
possess and use marijuana," said Hooker. "So it is unfair to convict
people in such a case as this."

Krieger, 52, is bidding to have the judge stay two counts of trafficking
in marijuana. The charges stem from packages destined for ill fellow
users in Manitoba but intercepted by courier companies on Dec. 23, 2003,
and Jan. 8, 2004.

Krieger freely admitted he is supplying more than 400 people in at least
three provinces, all of whom cannot get doctor-backed exemptions and
have no legal source of the drug.

Crown prosecutor Scott Couper says having physicians participate in the
application process is appropriate, given that marijuana is largely an
unproven drug in medical use and is controlled.

"Doctors know the patient and the process," said Couper.

Both lawyers will submit detailed written arguments to the judge well in
advance of oral arguments on Sept. 25.

Krieger, who has progressive multiple sclerosis, says he is only
distributing marijuana to others in need of alleviating chronic pain and
suffering from AIDS, HIV, cancer, MS and other crippling illnesses.

He has never applied for an exemption under the Marijuana Medical Access
Regulations to grow and possess marijuana for his own use, but was given
a one-year judicial exemption following a court case in 2000. It was
subsequently made indefinite by the Alberta Court of Appeal.
http://www.canada.com/calgary/calgaryherald/
http://www.ccguide.org.uk/

 

 

 

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