Pubdate: Wed, 28 May 2008 Source: Telegraph-Journal (Saint John, CN NK) Copyright: 2008 Brunswick News Inc. Contact: http://telegraphjournal.canadaeast.com/onsite.php?page=contact Website: http://telegraphjournal.canadaeast.com/ Details: http://www.mapinc.org/media/2878 Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) MEDICINAL POT USER GETS HOUSE ARREST HAMPTON - A Rothesay man who says he was growing marijuana for medicinal purposes has been sentenced to house arrest. Wayne Scott Roberts, 38, pleaded guilty to the production of marijuana in Hampton provincial court on Tuesday. Crown prosecutor Kelly Winchester told the court Rothesay Regional Police learned of a likely grow operation taking place on Rose Lane in its town. On Feb. 20 they executed a search warrant at Roberts' home. When they arrived, shortly after 8 p.m., no one answered the door but police saw movement in the home of people entering the staircase to the basement. Winchester said police kicked in the door and located Roberts, along with 29 marijuana plants, scales, fans, lighting equipment and other grow equipment. Both Winchester and duty counsel Carley Parish said Roberts was growing the pot for his personal use only. A charge of marijuana possession was withdrawn by the Crown. Judge Henrik Tonning said even though he believes Roberts was growing the drugs to feed his own habit or pain, he offered a warning. In his experience with lawbreakers, what begins as a low-key grow-op for personal use often leads to bigger crime. "The green thumb (often) gets the best of them," the judge said. "If it would have been commercial, it would have been a different situation." Roberts was handed a four-month conditional sentence that includes a curfew of 7 p.m. to 6 a.m. daily and refraining from non-prescription drug use. Tonning also imposed the mandatory 10-year prohibition for a production charge of this nature, which means Roberts cannot possess firearms, explosives or ammunition. He also has to forfeit his growing equipment. Tonning sent the strong message to people who claim their drug use is for medicinal purposes. In Roberts' case, he says the pot helps alleviate the pain of his gastrointestinal illness. "If it's going to be used for medicinal purposes, the clear reality is you have to get a doctor's certificate to use it," Tonning said. - --- MAP posted-by: Jay Bergstrom