Pubdate: Sun, 24 Feb 2002 Source: Province, The (CN BC) Page: A26 Copyright: 2002 The Province Contact: http://www.canada.com/vancouver/theprovince/ Details: http://www.mapinc.org/media/476 Author: Jason Proctor MEDICAL POT SUPPLIER MAY SEEK ASYLUM Sitting on a battered couch in his Kitsilano living room, Kenneth Hayes takes an almost perverse pride in pointing out the shabby state of his surroundings: An ancient fish tank by the wall, used books and a beat-up 1991 Toyota Previa out back. This is the Californian the U.S. Drug Enforcement Agency has now twice tried to implicate as a big-time dealer using the distribution of medicinal marijuana as a front to peddle pot. Acquitted once by a jury, Hayes recently moved to Vancouver only to find the DEA on his case again. This time, the agency worked in conjunction with the RCMP and Vancouver police, who have charged Hayes and his girlfriend with marijuana-related charges. The couple say they have nothing to hide. They're hoping Canada can protect them from an enemy Hayes fears is determined to lock him away. "We're poor and we're afraid," says Hayes. "The DEA is lying. The fact of the matter is that there are sick and dying people in San Francisco that rely on cannabis as their medicine. And the police are using whatever tactics they can to squash out the idea that cannabis is medicine." Hayes and girlfriend Cheryl Sequeira were arrested by Canadian police in Vancouver on Feb. 12 as the DEA wrapped up a 10-month probe with U.S. raids that resulted in the arrest of three men and the seizure of 8,130 marijuana plants and $58,500 US. The Canadian raid resulted in charges of possession with the intention to traffic. The couple make their next appearance in provincial court on Feb. 27. Hayes became involved in the distribution of medical marijuana in 1996, starting a Harm Reducation Club through which he says he provided sick people with pot. The 34-year-old used cannabis himself to combat chronic pain caused by a congenital hip disorder. California law permits the use of marijuana for compassionate use - but the legislation is in conflict with U.S. federal law that prohibits the growth and consumption of marijuana. Hayes's acquittal was supported by San Francisco District Attorney Terence Hallinan, who appeared as a witness at the trial. But being in the spotlight took its toll and Hayes said he was hoping to bring his family north to escape the controversy. He says he may claim political asylum in Canada if the U.S. tries to extradite him. His lawyer, John Conroy, told a Santa Rosa, Calif., newspaper that any claim for refugee status would be based on Hayes's "well-founded fear of persecution by the U.S. government." Conroy also represents a Santa Monica, Calif., woman who has fought extradition on similar charges since 1999. In the meantime, Hayes and Sequeira say they're optimistic the Canadian charges against them will either be dropped or result in an acquittal. If they go to trial, they plan to use a medical defence. "That's what it is - it's medicine," says Hayes. "If they saw it in California they'll certainly see the truth here, too." - --- MAP posted-by: Beth