PERSONAL-POT CLAIM DOESN'T SELL

An indoor marijuana crop that would take nearly three years to smoke wasn't
just for personal use, a judge ruled yesterday.

Justice Patrick Sullivan rejected Trevor Drury's claim the eight mature
plants and 40 starter shrubs were strictly for his own consumption.

The Calgary judge agreed with a police expert that the plants and related
paraphernalia seized from Drury's home pointed to a commercial crop. Det.
Perry Tetley testified the 48 plants had the potential to yield a crop
worth $40,000 if sold by the ounce.

"They have the potential of producing 144 ounces of consumable marijuana
which, if somebody is smoking 24 hours a day, seven days a week, is 2.8
years," Tetley said.

"An average heavy user of marijuana will consume about an ounce of
marijuana a month."

Tetley also said a cache of three firearms kept in the home was consistent
with someone being involved in the drug trade.

"We're seeing more and more weapons in these indoor cultivations, more and
more booby traps," the 10-year drug squad veteran said.

Drury, 34, told Sullivan he smoked 1/4 ounce, or seven grams, on a daily
basis. But Sullivan ruled the basement farm, which police uncovered during
a January, 1998 raid, was for the purpose of selling to other individuals.

The judge also rejected a bid by defence lawyer Pat Fagan to keep his
client out of jail with a conditional sentence.

Sullivan sentenced Drury to five months in custody.