Pubdate: Tue, 17 Nov 2009
Source: Kamloops Daily News (CN BC)
Copyright: 2009 Kamloops Daily News
Contact:  http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679

DRUGS WON'T DEPRIVE MAN OF GUNS, COURT RULES

A backwoods hermit caught growing marijuana he says he needs for his 
health won't be deprived of his guns - tools required to live his 
chosen lifestyle, a judge ruled Monday.

James Darcy West, 46, was charged with possession of marijuana for 
the purpose of trafficking after police searched his house in March 
2008 and found 150 plants.

The man lives in a backwoods area near 70 Mile House, the court 
heard. RCMP showed up there in March 2008 after someone complained of 
shots being fired in the area. The man has 10 firearms legally 
registered in his name.

Officers asked West if they could look around his home for the 
registered guns. He agreed. They found 13 firearms, including an 
unregistered Colt revolver, causing concerns he may be stashing more.

Police asked to look in a locked room in his basement. West gave them 
the key. Inside was the marijuana, which West said was for his own 
personal use.

Defence lawyer Rob Bruneau said West suffered a brain injury years 
ago after being struck by a car. As well, he suffers severe migraines 
and other health problems that he believes are helped by marijuana.

The man is in the process of obtaining permits to possess marijuana 
for medical purposes. He has his doctor's blessing but has not yet 
received Health Canada's approval, Bruneau said.

The lawyer told the B.C. Supreme Court trial that all the plants 
found were for West's personal use.

West agreed to plead guilty to simple possession of the marijuana and 
serve four months in jail. The plea and sentence will allow him to 
keep his firearms.

Had he been convicted of possession for the purpose of trafficking, 
he would have lost his guns as the law imposes a mandatory firearms 
ban in such cases.

"He simply could not live the kind of lifestyle he has chosen to live 
if there is an order prohibiting him from possessing firearms," said Bruneau.

"For his own (backwoods) protection, he needs the guns."
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MAP posted-by: Keith Brilhart