Pubdate: Tue, 17 Apr 2012
Source: Kamloops Daily News (CN BC)
Copyright: 2012 Kamloops Daily News
Contact:  http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679
Author: Mike Youds

MEDICAL POT CASE OFF TO PROVINCIAL COURT

A Kamloops case in which a compassion club activist hopes to challenge
the constitutionality of Canada's medical marijuana law took a fresh
turn Monday.

Carl Anderson will return to court May 17 to face a new charge of
possession for the purpose of trafficking after Crown stayed the
original charge.

Anderson intends to plead not guilty to the lesser charge of
possessing under three kilograms of marijuana. He would have done the
same with the original charge of possessing more than three kilograms,
a charge laid after his Tranquille Road storefront was searched by
RCMP last fall.

Anderson's lawyer, Shawn Buckley, said he can only speculate on the
reason for the change, though he believes it is intended to thwart a
challenge to the constitutionality of the charge. The police seized
more than three kilograms, he noted.

"The Crown appears to be crowding us into provincial court and it
takes away our right to a juried trial," Buckley said at a media
conference held outside the Law Courts on Monday.

"Ask most defence counsels and it would be a given to be in Supreme
Court, particularly when you're challenging constitutional validity."

Buckley pointed to Friday's B.C. Supreme Court decision, which ruled
that Health Canada's regulations breach the Charter of Rights and
Freedoms by requiring that marijuana for medical purposes be smoked.
That finding arose from a constitutional challenge brought by the head
baker of the Compassion Club of Canada.

Anderson applauded Friday's ruling, which means that compassion clubs
can now sell marijuana in baked or tinctured form.

"Canadians are split over this issue," Buckley said. "The people are
saying, 'We want our peers to decide.' "

A key defence argument is that the regulations force compassion club
customers into dangerous situations. The product they obtain from the
clubs is claimed to be free from mould and bacteria. The same is not
considered of marijuana obtained illegally.

"AIDS patients come to mind," Buckley said.

John Louvros, an AIDS and hepatitis C patient who was obtaining
medical marijuana from Anderson, spoke to that issue. He was among a
half dozen former customers who lent moral support to Anderson outside
the courthouse.

Louvros, who appeared gaunt and pale, said he's lost 25 pounds since
losing his supply because the marijuana helped him ingest food and
eased the side effects of his medications.

"I've been licensed for 24 years by the government because I was
sick," he said, adding that he is now too sick to grow it on his own
and resides at Bedford Manor.

Anderson is also seeking the return of the seized pot and his
equipment, including a computer, scales and gas chromatograph, which
were also seized during the investigation.

"I've always been open, transparent and honest," he said of the latest
turn of events. "I would hope I'll be extended the same courtesy by
government."

If the case sounds familiar, it's because Anderson's home was raided a
couple of years ago when police suspected he was growing marijuana
commercially. No charges were laid since he hadn't exceeded the terms
of his medical marijuana permit.

"The law is not just, so how can you go about abiding by it?" he asked
on Monday.
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MAP posted-by: Matt