Pubdate: Tue, 05 May 2009
Source: Gloucester Daily Times (MA)
Copyright: 2009 Essex County Newspapers, Incorporated.
Contact: http://www.salemnews.com/email/#Editor-g
Website: http://www.gloucestertimes.com/
Details: http://www.mapinc.org/media/169
Author: James A. Kimble
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SUSPECT CLAIMS HE SMOKED MARIJUANA TO COMBAT MIGRAINES

4-Year-Old Taken Into Custody

Police weren't sympathetic when a Gloucester man  allegedly told them 
he was smoking marijuana in the  presence of his 4-year-old son 
because he suffered from  migraines.

Albert Derian, 46, was arrested about 5:45 p.m.  Saturday outside 
Canobie Lake Park in Salem, N.H.,  after a security guard spotted him 
sitting in his car.

Security guards became especially suspicious because  Derian was 
holding both hands up to his face while  smoking, Salem police Capt. 
Shawn Patten said.

Derian's son was seated in the front passenger's seat  and jumped 
around inside the car while his father  smoked, Patten said. One 
guard suspected Derian was  smoking marijuana and called a police officer.

When the officer asked Derian why he was smoking the  drug in front 
of his son, Derian told the officer he  smoked because he suffers 
from migraine headaches and  that the boy would be OK because the 
car's windows were  down, police said.

Police said a film container full of marijuana was  found. Derian was 
charged with possession of a  controlled drug and endangering the 
welfare of a child.

Derian's 4-year-old son was taken to the police station  and later 
released to his mother. Derian was issued a  court summons and freed 
after being booked.

Last week, the New Hampshire Senate passed a bill,  14-10, to 
legalize medical marijuana for people  suffering crippling ailments. 
The bill allows people  with a chronic or serious disease to keep up 
to six plants and a maximum of 2 ounces of marijuana in their  possession.

But Patten said even if the legislation is passed into  law, it's 
unlikely it would affect a case similar to  Derian's.

"It's still illegal in the state of New Hampshire and  if it does 
pass, I am pretty sure the legislation will  specify who can have it, 
for what reason, and when they  can use it," Patten said. 
"Furthermore, I'm sure the  usage is not going to be condoned in 
front of children,  especially in front of children at an amusement park."
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