Pubdate: Tue, 14 Jul 2009 Source: Kamloops Daily News (CN BC) Copyright: 2009 Kamloops Daily News Contact: http://www.kamloopsnews.ca/ Details: http://www.mapinc.org/media/679 Author: Robert Koopmans, Staff Reporter Referenced: http://www.mapinc.org/drugnews/v09/n700/a11.html MEDICAL WON'T GET DOPE BACK QUICKLY The RCMP can't be forced to return what it no longer has, a judge told a medical marijuana user who wants the drug squad to return the "medicine" it seized in a pointless raid. Carl Anderson was in provincial court Monday asking for the return of all the items drug cops took from his house when they executed a search warrant in May, including the marijuana he grew for health purposes. Police believed Anderson, who has a permit from Health Canada to grow and possess specific quantities of marijuana, was trafficking the drugs. Officers say they seized 136 plants and more than six kilograms of marijuana, when Anderson is only allowed to possess 49 plants and 2.2 kilograms. The drug squad also dismantled and seized the man's hydroponics growing equipment and took his computer. Anderson denies he was over his permitted limits, saying most of the live plants were immature clones, many of which would not have survived. He also denied he had more dried cannabis than he was allowed. Anderson was not charged. More than a month after the raid, the federal Crown deemed the circumstances did not warrant charges. The RCMP asked the court to adjourn Anderson's application so they can hire a lawyer. Anderson opposed the request, telling the judge he has only three days worth of marijuana left. Once that runs out, his health will deteriorate, he said. Anderson says cannabis is the only substance that alleviates the severe migraine headaches he has suffered since a car accident several years ago. But the issue proved mostly academic, as the RCMP had already destroyed the drugs they seized from Anderson. "What is the point of making the order, if (the marijuana) has been destroyed?" asked Judge Dev Dley. The judge told Anderson he can have his growing equipment back immediately, even though the man claims the RCMP destroyed it beyond repair when they dismantled it. Dley said those issues, as well as questions of compensation, can be worked out later. The case was set over until July 22. - --- MAP posted-by: Richard R Smith Jr