Pubdate: Tue, 06 Nov 2001
Source: Parksville Qualicum Beach News (CN BC)
Copyright: 2001 Parksville Qualicum Beach News
Contact:  http://www.pqbnews.com/
Details: http://www.mapinc.org/media/1361
Author: Adrienne Mercer
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

GROWER CONVINCES COURT IT'S NOT FOR PROFIT

A Whiskey Creek man who admits to using marijuana for medicinal purposes 
escaped a jail sentence for his second conviction on production charges 
Wednesday.

Though federal Crown David Lobay asked for a six-month jail term, Judge 
Eldon Iverson granted the six-month conditional sentence suggested by Ron 
Ham's lawyer, Alan Short.

"In essence, [Ham] is almost a conscientious objector, your honor," Short 
said. "He does not do this for profit."

Oceanside RCMP searched Ham's home on March 29, discovering a marijuana 
grow operation producing healthy, highly productive plants, Lobay said.

Police found both a clone starter room containing 12 10-inch-high plants, 
and a budding room that housed 12 six-foot-high plants. While searching the 
kitchen, they found two baggies containing about 145 grams of harvested 
marijuana.

In 1998, Ham pleaded guilty to a production charge and paid a $1,500 fine. 
"Mr. Ham has to be aware that this is not a game," said Lobay, telling 
Iverson the accused should realize a jail term for a second offence is "the 
cost of doing business."

In Ham's defence, Short handed Iverson his client's membership in a local 
compassion club, which sells marijuana to people for medicinal purposes. 
"My client is well aware of the debate with regard to criminalization and 
decriminalization [of marijuana]," said Short, describing Ham as an 
intelligent and articulate person.

He told Iverson Ham did not have a special permit to grow marijuana, but 
has been an active lobbyist, urging the government to take a position on 
decriminalization.

Short said Ham admits he "flew in the face of the law" by continuing to 
produce marijuana after his 1998 conviction, and has now decided he must 
stop producing the drug and simply act as a spokesperson for its 
decriminalization.

"In the climate that we're in ... he should not be jailed," said Short. 
Before Iverson passed sentence, Lobay questioned the lack of medical 
evidence about why Mr. Ham belongs to a compassion club.

In response, Short said he felt submitting Ham's membership card was 
sufficient, and he was uncomfortable revealing personal details in a public 
setting.

Iverson ordered a brief break so Short and Lobay could discuss the issue. 
When court reconvened, Lobay said there was no need to publicize the 
medical condition, but asked for a period of house arrest and random police 
checks if Iverson chose the conditional sentence over a jail term.

Iverson did not impose house arrest, but did order Ham to allow monthly 
police searches of his home. Ham must also forfeit everything police seized 
in their search of his home, and may not use drugs or alcohol while serving 
his sentence.

He is not allowed to own or possess firearms, prohibited weapons or 
ammunition for the next 10 years.

"In most cases ... this court would be sending you to jail," said Iverson, 
adding the court does not condone the use of marijuana but in this case, 
accepts Ham was not growing the drug for profit.
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