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News (Media Awareness Project) - CN NK: Medicinal Pot User Gets House Arrest
Title:CN NK: Medicinal Pot User Gets House Arrest
Published On:2008-05-28
Source:Telegraph-Journal (Saint John, CN NK)
Fetched On:2008-05-29 21:17:58
MEDICINAL POT USER GETS HOUSE ARREST

HAMPTON - A Rothesay man who says he was growing marijuana for
medicinal purposes has been sentenced to house arrest.

Wayne Scott Roberts, 38, pleaded guilty to the production of
marijuana in Hampton provincial court on Tuesday.

Crown prosecutor Kelly Winchester told the court Rothesay Regional
Police learned of a likely grow operation taking place on Rose Lane
in its town. On Feb. 20 they executed a search warrant at Roberts' home.

When they arrived, shortly after 8 p.m., no one answered the door but
police saw movement in the home of people entering the staircase to
the basement.

Winchester said police kicked in the door and located Roberts, along
with 29 marijuana plants, scales, fans, lighting equipment and other
grow equipment.

Both Winchester and duty counsel Carley Parish said Roberts was
growing the pot for his personal use only.

A charge of marijuana possession was withdrawn by the Crown.

Judge Henrik Tonning said even though he believes Roberts was growing
the drugs to feed his own habit or pain, he offered a warning. In his
experience with lawbreakers, what begins as a low-key grow-op for
personal use often leads to bigger crime.

"The green thumb (often) gets the best of them," the judge said. "If
it would have been commercial, it would have been a different situation."

Roberts was handed a four-month conditional sentence that includes a
curfew of 7 p.m. to 6 a.m. daily and refraining from non-prescription
drug use. Tonning also imposed the mandatory 10-year prohibition for
a production charge of this nature, which means Roberts cannot
possess firearms, explosives or ammunition. He also has to forfeit
his growing equipment.

Tonning sent the strong message to people who claim their drug use is
for medicinal purposes.

In Roberts' case, he says the pot helps alleviate the pain of his
gastrointestinal illness.

"If it's going to be used for medicinal purposes, the clear reality
is you have to get a doctor's certificate to use it," Tonning said.
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