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Dope Smoker Off Hook
Pubdate: Fri, 05 Jul 2002
Source: Edmonton Sun (CN AB)
Copyright: 2002, Canoe Limited Partnership.
Contact: http://www.fyiedmonton.com/htdocs/edmsun.shtml
Details: http://www.mapinc.org/media/135
Author: David Sands
DOPE SMOKER OFF HOOK
Marijuana possession charges have been stayed against an Edmonton man
because neither doctors nor the feds can supply him with legal pot.
The ruling - in favour of a man who does not have a federal permit for
medical marijuana use - thrills medical marijuana advocates.
"That's an excellent step forward," said Munir Ahmad, who runs the Edmonton
Compassion Network and provides marijuana to "more than 20" people, only
some of whom have federal permission to use the narcotic.
Provincial court Judge Phil Ketchum called the possession charges against
Brian Edward Oates, 45, "a violation of the accused's right to security of
his person" and told cops and the Crown to back off, at least until Oates
can go through the process for a legal exemption.
Oates, who court heard was hurt in a 1995 industrial accident, was busted
after a raid on his home found 71 plants growing in the basement.
"It is not in accordance with the principles of fundamental justice to
criminalize this accused while he waits for a medically approved source of
raw marijuana to be made legally available," said Ketchum's written judgment.
A doctor for Oates had told the court he "was prepared to support the
accused's application for a ministerial permit" to use marijuana, Ketchum
noted, "however, both the Canadian Medical Association and the Alberta
Medical Association were taking the position that until a better policy is
arrived at, and better studies and sources of the supply of medical
marijuana are available ... practitioners should not support applications
for use of medical marijuana."
It's not fair, the judge said, that people have to live in pain while the
authorities sort out a drug deal.
"I find forcing the accused to choose between his health and imprisonment
violates his right to liberty and security of the person under Section 7 of
the Canadian Charter of Rights and Freedoms."
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