Pubdate: Tue, 14 Sep 2010 Source: Comox Valley Echo (CN BC) Copyright: 2010 Comox Valley Echo Contact: http://www.canada.com/vancouverisland/comoxvalleyecho/index.html Details: http://www.mapinc.org/media/785 Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) CONDITIONAL DISCHARGE FOR MEDICAL MARIJUANA A Courtenay man caught growing marijuana to treat chronic back and neck pain has received a conditional discharge. Nathan Babcock (28) fell 120 feet from a tree seven years ago while working for a forestry company. Since then, he has been struggling to get permanent disability compensation from the WorkSafeBC - a battle he only recently won. On May 11, 2009 police went to a reported assault at Babcock's residence. The fight turned out to be consensual, but officers could smell the distinct odour of growing marijuana. After attaining a search warrant, police found 34 pot plants. Defence lawyer Miller stressed that Babcock's past injuries left him in a state of chronic pain and that the cost of his prescribed medication was too high. Miller urged Judge Allan Gould to give Babcock a conditional discharge. Babcock said his life has been difficult over the last few years and urged the court to exercise leniency. "I was basically brought to the stage where I had to relearn everything," said Babcock of his accident. "All I'm doing is medicating myself." Gould said the circumstances of the case were unusual and added: "All I know I guess is that I wouldn't want to have an accident like you, sir." Gould gave Babcock a conditional discharge and one year's probation. At the Crown prosecutor's suggestion, Gould also granted the police the right to inspect Babcock's residence once a month until he receives his medical marijuana license. The Crown prosecutor had wanted Babcock to pay a $500 fine, citing an earlier conditional discharge Babcock received in 2001. But defence lawyer Robert Miller said any kind of criminal record would likely kill Babcock's chances of successfully receiving his medical marijuana license that he is approximately six months away from receiving. - --- MAP posted-by: Jay Bergstrom