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A charge of marijuana possession was withdrawn by the Crown.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.
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MAP posted-by: Jay Bergstrom