'IMPOSSIBLE' POT RULES CHALLENGED

The government provides a legal method for a person to grow and
possess marijuana for personal medical reasons, but makes it "almost
impossible" to do so, a lawyer argued on Wednesday.

John Hooker, counsel for longtime Calgary pot crusader Grant Krieger,
told provincial court Judge William Pepler that it is similar to the
issue in the Morgentaler case, in which the government permits women
to legally have abortions but then puts hurdles in place.

"Very few doctors will sign certificates for persons to be allowed to
possess and use marijuana," said Hooker. "So it is unfair to convict
people in such a case as this."

Krieger, 52, is bidding to have the judge stay two counts of
trafficking in marijuana. They stem from packages destined for ill
users in Manitoba but intercepted by courier companies on Dec. 23,
2003, and Jan. 8, 2004.

He has never applied for an exemption under the Marijuana Medical
Access Regulations to grow and possess marijuana for his own use, but
was given a one-year exemption following a court case in 2000. It was
later made indefinite by the Alberta Court of Appeal.

Krieger freely admitted he is supplying more than 400 people in at
least three provinces, all of whom cannot get doctor-backed exemptions
and have no legal source of the drug.

Crown prosecutor Scott Couper says having physicians participate in
the application process is appropriate, given that marijuana is
largely an unproven drug in medical use and is controlled.

Both lawyers will submit detailed written arguments to the judge well
in advance of oral arguments on Sept. 25.