Pubdate: Sat, 18 Jun 2005
Source: Chronicle Herald (CN NS)
Copyright: 2005 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Cathy Von Kintzel
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

MEDICAL USER WON'T GET POT BACK

Stash Needed In Harrietsfield Man's Upcoming Trial, Prosecutor Tells Court

TRURO - A medical marijuana user's hopes for getting $7,500 worth of
seized pot back from police went up in smoke Friday.

The drugs are evidence in two upcoming trials.

"I don't see why they can steal someone's property," John Cook said
outside a Truro courtroom, where he made an unsuccessful bid for the
return of about 500 grams of marijuana seized at a Truro bus station
in January.

The 40-year-old man, from Harrietsfield, Halifax County, is a
provincial director of the Cannabis Buyers' Clubs of Canada, and said
the pot was destined for about 50 of his clients who use it for
medical purposes.

Mr. Cook started running the club from his home after injuring his
back.

He doesn't have a federal permit to smoke or possess medical marijuana
but believes he and other Canadians have a right to do so under the
Charter of Rights and Freedoms.

Crown attorney Cameron MacKinnon told the court he needs the marijuana
as evidence for Mr. Cook's drug possession and trafficking trial in
Truro provincial court Sept. 6.

A second man, 40-year-old Stephen Edward Chute of Springhill, will be
tried on similar charges that day.

Mr. Cook disagreed with the Crown, saying he has already signed
documents admitting to owning the marijuana, including how much was
seized.

"I don't know what they need the evidence for," he
said.

Judge John MacDougall ruled the Crown has a right to keep the drugs as
evidence, and the issue of whether Mr. Cook is entitled to get them
back may be dealt with after trial.

The judge also urged Mr. Cook, who usually represents himself, to get
legal advice before September.

Mr. Cook later told reporters he has tried to get representation, but
it's too expensive.

"They want you to pay through the nose for justice," he said, noting
one lawyer quoted him a price of $50,000.

Mr. Cook also said he'll ask for the cash value of the "perishable"
marijuana if it goes bad before he gets it back.
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MAP posted-by: Larry Seguin