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."
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