POT CRUSADER BIDS FOR STAY OF CHARGES

Recreational marijuana users are a thorn in the side of those
advocating the illicit drug for medical purposes, longtime medical
marijuana crusader Grant Krieger told a judge on Tuesday.

"I have no use for recreational smokers. They cause us sick people
problems," said Krieger, 52, who is on trial for two counts of
trafficking in marijuana stemming from packages destined for ill
fellow users in Manitoba but intercepted by courier companies on Dec.
23, 2003, and Jan. 8, 2004.

"They have lots of disposable income. I live on $855 a month, for
rent, food, utilities and other expenses."

Krieger is bidding to have provincial court Judge William Pepler stay
the charges, because he said he is only distributing marijuana to
others in need to alleviate their chronic pain and suffering for
progressive multiple sclerosis, which he has, AIDS, HIV, cancer and
other crippling illnesses.

He said sick people should not have to go to illicit drug dealers to
buy pot, which often has dangerous additives and is unsafe to consume.

Krieger admits he sent the packages, containing 316.5 and 495 grams,
as well as pamphlets from his Grant Krieger Foundation.

He also told Crown prosecutor Scott Couper under cross-examination
that he has no medical training of any kind, nor do those who work
with him to get medicinal marijuana he grows to more than 400 people
in his so-called "compassion club."

"Just what I learned from my own body," Krieger, who has been
ingesting pot for about 14 years, told Couper.

Krieger has a rare federally approved exemption under the Marijuana
Medical Access Regulations to produce limited amounts of the drug for
personal use, but not for others.

Defence lawyer John Hooker said outside court he is not asking for
legislation to be found invalid, but for the judge to find "it's
unfair to convict a man under these circumstances."

Krieger took his previous convictions to the Supreme Court of Canada
in hopes of having them overturned.

The Calgary man argued in Ottawa over jury nullification, a rare legal
safety valve which allows jurors to rule against a law in exceptional
cases.

He was sentenced to one day in jail for being caught with 29 marijuana
plants in his Bowness home seven years ago.

During Krieger's trial, his lawyer argued the defence of necessity,
saying he had no choice but to break the law to ensure a reliable
supply of pot for patients who have exemptions to use marijuana.

Court of Queen's Bench Justice Paul Chrumka had instructed the jurors
to convict Krieger, despite two jurors telling him they wanted to acquit.

Krieger lost his case at the Alberta Court of Appeal. It ruled that,
even though Chrumka erred in ordering the jury to convict, a new trial
would have resulted in the same verdict.

The trial on Krieger's latest charges continues today.