Pubdate: Thu, 29 Jan 1998
Source: See Magazine (CN AB)
Copyright: 1998 SEE Magazine
Contact:  http://www.seemagazine.com/
Details: http://www.mapinc.org/media/2367
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

EPILEPTIC WILL USE REEFER DEFENCE

An Edmonton man plans to fight charges of cultivation of marijuana and 
possession for the purpose of trafficking, using a defence based on a court 
battle waged by an Ontario man who uses pot to control epileptic seizures.

Ken Kirk, 36, says he was charged Jan. 20 when Edmonton police stormed his 
downtown apartment at about 3:30 a.m. Police seized about seven marijuana 
plants and approximately a half ounce of the weed from his home, Kirk says.

An epileptic who suffers from grand mal and petit mal seizures, Kirk says 
he uses pot to stave off epilepsy attacks.

"I smoke it when I feel (a seizure) coming on but as a matter of regular 
maintenance, I have a little puff first thing in the morning and before bed 
and sometimes in the middle of the day," Kirk told SEE Magazine. "I like to 
carry a joint on me though, just in case. The thing is I don't have to 
smoke a whole joint. A couple of puffs is fine."

Kirk will base his defence on the case of Terry Parker, a Toronto man 
acquitted of charges of cultivation of marijuana last year. Parker's 
lawyers convinced Ontario Provincial Court Judge Patrick Sheppard that 
Parker has exhausted other medical avenues in seeking relief and that 
marijuana prevents seizures. Sheppard ruled that parts of the Controlled 
Drug and Substance Act are unconstitutional. The case is being appealed.

Kirk, who says he is Alberta Pope of the Reformed Druids Church, says he 
will also battle the charges as a religious matter.

"I believe I have the religious right to smoke marijuana. It is part of 
Druidic ceremonies and lots of religious ceremonies."

Kirk says he has never been convicted of a drug charge, although he has 
some matters before the court.

"I've been especially successful at delaying my cases . . . so they get to 
spend lots of money on me. I am turning myself into an intentional pain in 
the ass."

Kirk makes his first appearance in Provincial Court Feb. 26.