OTTAWA MAKING MEDICAL POT 'ALMOST IMPOSSIBLE'

Too Many Hurdles, Lawyer Tells Court

CALGARY - 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 yesterday.

John Hooker, counsel for longtime Calgary pot crusader Grant Krieger,
told provincial court Justice William Pepler the medical marijuana
issue is similar to the abortion issue, in which the government
permits women to legally have abortions, then puts many hurdles in
place.

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

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

Mr. Krieger 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 said having physicians participate in
the application process is appropriate, given that marijuana is
largely an unproven drug in medical use and is controlled.

"Doctors know the patient and the process," Mr. Couper said.

Mr. Krieger, who has progressive multiple sclerosis, said he is
distributing marijuana only to others in need of alleviating chronic
pain and suffering from AIDS, HIV, cancer, MS and other crippling illnesses.

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 judicial exemption following a court case in
2000. It was later made indefinite by the Alberta Court of Appeal.