CONDITIONAL DISCHARGE FOR DENMAN POT GROWER

48-Year-Old Claims He Used Drug As Medicine

A 48-year-old man received a conditional discharge in Courtenay
Provincial Court last week after Comox Valley RCMP discovered 43
marijuana plants growing on his Denman Island property.

According to court testimony, Randall Steven Relkoff had been growing
the plants and smoking the pot to ease symptoms he was suffering due
to several injuries, including a head injury suffered at work, but he
did not have a prescription.

Although more than 30 grams of marijuana was found by police, Relkoff
was charged with simple possession rather than a more serious
production charge.

Defence lawyer Robert Miller noted that Relkoff had previously been
in the construction landscaping business. He would like to get back
into that business but it would be difficult with a criminal record.
Further, his wife's family lives in the United States and traveling
to that country with a drug charge on one's record is very difficult.

"He is in a position where a criminal record would be a serious
disability," said Miller.

Crown did not oppose the submission, noting that Relkoff is 48 years
old and has no prior criminal history.

"This is somewhat of a difficult decision for me," said provincial
court Judge R. Allan Gould. "I can understand how people can get some
relief from marijuana. But if you want to make an issue of that, you
must do it through doctors, not on your own."

But given his age and lack of prior criminal history, Gould agreed
with Miller's submission and issued a conditional discharge.

A conditional discharge means you are guilty -- in this case, Relkoff
pleaded guilty -- but rather than being convicted one is instead
placed on probation. If the probation is completed successfully, the
person so sentenced will not have a criminal record.

Conditions of Relkoff's probation include that he abstain from the
possession of illicit drugs and that he make a $500 donation to the
D.A.R.E. program, in care of the Comox Valley RCMP.

Crown suggested that probation conditions be modified such that
possession of marijuana would be allowed should Relkoff obtain a
medical prescription, but Gould said that in his view, once an
individual has a prescription for marijuana, the substance should no
longer be considered illicit and so Relkoff would not be in breach of
his conditions if he were to possess it with a valid prescription.