HOLY SMOKE TRIAL WRAPS

Local Pot Industry: Court Hears From People Who Use Marijuana As A Way
To Battle Illness

Testimony wrapped up in the Holy Smoke drug trafficking trial Friday
after four Nelson-area witnesses took to the stand to testify that
cannabis has helped them deal with disease, alcoholism, and drug addiction.

Two co-owners and two associates of Holy Smoke Culture Shop have each
been charged with two counts of trafficking cannabis, but rather than
disputing the testimony, the accused have admitted the evidence
against them and are arguing a defense of necessity and the theory
that the drug helps people switch from "hard" drugs and alcohol to
"soft" drugs like cannabis.

"I think it was important to bring it home to the local need that we
have. The [Cannabis] Compassion Club isn't open 24 hours here and we
have some needs to be filled when they're not open," said defense
attorney Donald Skogstad. "I think it's important for the judge to
know that there's people who rely on this for medication and it's
proven beneficial."

A publication ban prevents the identification of the four witnesses,
but among them include a former Nelson public school teacher, a local
doctor, and an Interior Health Authority employee.

The former teacher testified that he had a medical disorder and while
he admitted to having imbibed in recreational usage of cannabis in the
past, he associates the drug with improving his condition and helping
him stave off alcoholism for the past 15 years. He does not have a
licence to possess or produce marijuana but testified that he had been
"gifted" with pot from Holy Smoke when he needed it.

If the store was not there, "it would be a loss to me and a loss to
the community," he told Judge Don Sperry in B.C. Provincial Court.

A 37-year-old woman with a licence to possess and produce the drug for
medicinal purposes told the court about her battle with Crohn's
disease, an inflammatory bowel disorder, and the side effect of the
medications she took to help the condition.

She explained that after trying prescription drugs, she found that
cannabis was the only thing that helped and she purchased seeds from
Holy Smoke. She said she applied for a licence to possess and produce
the drug and received it.

Under cross-examination, Crown prosecutor Rob Brown asked her if the
ability to produce marijuana plants in her home and store them would
not be more convenient than driving from Slocan Valley to Nelson to
pick them up at the Holy Smoke. The witness told the court that it
takes five months to grow a crop of marijuana and while she said she
felt better, she indicated it did not completely help.

She also noted during her testimony that should a crop fail, she would
have to draw on her storage. If a second crop failure took place, she
could be out of pot completely.

"Licensing is not a complete answer," defense attorney Skogstad said.
"I think the reason that issue came up is the crown will say that you
don't need the Holy Smokes of the world because you can get licensing
and maybe someday that will be true, but today that's not true. It's
not true for everybody and it's not an easy process."

The medical marijuana licensee also testified that it took three
months to get the application forms for the licence with Health Canada
and that she would wait three weeks for the federal government agency
to return her call, often early in the morning. She explained that
she was repeatedly told her licence was "in the mail" but it took four
months to get it.

A third witness, a doctor, said he suffered from Crohn's Disease 12
years ago and saw his weight drop to 112 pounds. He said he had also
used various medications including pregnazone and used cannabis for
the pain.

"When you're not wanting to die, you grab onto pretty much
everything," he said.

Suspicious of authority, he explained that he did not wish to apply
for a medical marijuana licence because he is a "big fan of autonomy"
and did not want to have anyone telling him what he could or could not
do. He said he could go to a back alley to purchase drugs or he could
"walk up the stairs" to Holy Smoke.

A fourth witness works for Interior Health and was born with Fetal
Alcohol Syndrome. She told the court that she grew up in an
atmosphere of partying and became an addict to "everything that was
suggested to me" when she was a teenager. A Hepatitis C patient, she
said that cannabis - which she has used since she was young, helps
relieve the prescription drug-induced nausea.

"It's for relaxation and my disease and harm reduction," she told the
court.

When asked why she did not apply for a medical marijuana licence, she
also said she did not want to have her consumption watched although
she admitted it would be nice to be able to grow the plant on her own.
She said that her doctor told her to be approved for a medical
marijuana licence, she would have to prove that no other
pharmaceuticals would help her.

Admitting that she does not act appropriately when drinking alcohol,
she said it's different with marijuana.

"Marijuana doesn't get in my way," she said, noting she can still
function throughout the day. "It's just on my grocery list."

The Crown decided not to call their own expert to the case and the
judge thus adjourned court for counsel to make their arguments in
writing. Sperry is not expected to make a ruling until at least
September 26.

"The trial's not over. It's the argument stage and it's again
uncharted territory for this argument, but I couldn't be more pleased
with the evidence of Dr. Melamede [on Thursday] and I couldn't be more
pleased with the evidence today," said Skogstad outside court Friday.
"I just don't think that we're going to be able to present the facts
better than they happen to be presented in this case. I got
everything I hoped for in the evidence this week."