COURT RESERVES MEDICINAL MARIJUANA DECISION

Hawkesbury man argued regulations prevent him from growing enough plants

The Federal Court of Canada has reserved its decision on whether to allow a
Hawkesbury hepatitis C patient to grow 50 marijuana plants he says he needs
to control nausea, pain and muscle spasms.

Marc Paquette, 47, argued that Health Canada's medicinal marijuana
regulations prevent him from getting the drugs he needs. He said the 25
plants he is allowed to cultivate take two months to grow and provide only
one month of pain relief.

When Mr. Paquette runs short of marijuana, he says he must buy the drug on
the street or from the federal government.

Alain Prefontaine, the lawyer representing the Attorney General of Canada,
argued that the appeal against a Health Canada decision allowing him to grow
seven plants was moot because the department already allows him go cultivate
25 plants.

"The court challenge was related to quantity of marijuana," he said. "The
trial judge found that he was receiving what his doctor thought he should
receive.

"He was granted an exemption to possess seven plants and this was increased
three months later to 11 plants. Later, the exemption was further increased
to 25 plants. That increase makes the challenge of the exemption for seven
plants even more moot."

Mr. Paquette caught hepatitis C from a blood transfusion he received during
a 1995 gall bladder operation. He worked 21 years at Le Carillon, his
father's newspaper in Hawkesbury, but quit his job as circulation supervisor
because of constant pain.

His liver condition prevents him from taking pain relievers, so he smokes
five grams of marijuana a day to control his symptoms. He asked the court
for a permanent exemption that would allow him to grow as much marijuana as
he needs so he would not be required to apply to the government periodically
for new growing permits.

"Permanent exemptions are needed for permanently ill people," said Mr.
Paquette.

He said Health Canada has been exerting horrific stress on 584 Canadians who
must renew their medical marijuana exemptions all the time.

"Since November 2001, the Ontario Medical Association has advised doctors
not to sign orders for medical marijuana any more. I am up to my 11th
exemption since March 24, 2000 and I want the stress to end."

Mr. Paquette said specialists won't sign prescriptions for medical marijuana
because there hasn't been enough research on the safety of the drug. He said
15 of 94 Canadians who were denied medical marijuana permits died without
anything to ease their pain.

"My doctor refuses to sign a permit for more than five grams of marijuana a
day even though I need seven grams," he said. "I have grown six different
strains of marijuana because each strain is like a different medication.
Some are good against depression and others are effective for pain. I am
permitted to grow less than half of what I need."

Mr. Paquette said he spends $1,200 to $1,400 a month for marijuana on the
street on a $1,600-a-month disability pension. These expenses force him to
rely on his family for most of his food and shelter, he said.