PRISONER LOSES BID FOR MARIJUANA

Federal Court Ruling: Inmate Wanted N.B. Prison To Supply Pot-Laced
Baking For Medical Purposes

Canada is just not ready to let prison inmates indulge their marijuana
habits behind bars, a Federal Court judge has concluded in quashing a
convict's demand for regular supplies of pot-laced baked goods.

Michael Patriquen, a marijuana-rights activist who ran in the recent
Nova Scotia election, wants the drug to treat chronic pain. He won a
federal government medical marijuana exemption before being sentenced.

But in a recent decision, Justice Pierre Blais refused to issue an
injunction forcing Springhill Penitentiary in Moncton, N.B., to supply
the pot cookies.

"I doubt that we are ready to allow inmates to cultivate marijuana in
their cells," the judge said.

"The evidence ... suggests that allowing marijuana into the
institution for distribution to inmates would pose an unreasonable
risk to the safety of staff members, inmates and visitors, as well as
to the overall security of the institution."

Judge Blais also cited a doctor's testimony suggesting Patriquen's
condition is not as serious as he lets on.

The case stems from the Correctional Service of Canada's (CSC) refusal
of Patriquen's request for regular doses of marijuana. He challenged
the edict to the Federal Court, partly on the grounds that it violated
his constitutional rights, then asked for the injunction while the
case is considered.

Despite Patriquen's medical exemption, and claims he has lost 50
pounds without the pot, the prison felt it would be unsafe to become
his official drug source, said Denis D'Amour, a Correctional Service
spokesman.

"The storage, handling and processing of marijuana would present
significant security challenges in any correctional institution," he
said yesterday.

"CSC provides essential health care services to all inmates, but this
is based on the advice of our own physicians.... I can assure you our
physicians did consider all appropriate medical treatments."

Patriquen was sentenced to six years in prison last September after
being convicted of drug-related offences. The founder of the Marijuana
Party of Nova Scotia admitted to the court he had smoked pot since he
was in high school, about 35 years.

Health Canada issued him a licence to grow and consume marijuana for
medical reasons in July, 2002, just two months before he was sent to
prison.

His family doctor, Dr. Susan Lappin, said in an affidavit that she was
concerned about his deteriorating condition since he entered prison,
where his weight has reportedly dropped to 153 pounds from 202 pounds.

But Judge Blais said her evidence was contradicted by a more detailed
report from Dr. Christopher Levesque, a Moncton Hospital physician who
saw Patriquen eight times at Springhill.

Patriquen's pain was due to neck and shoulder injuries incurred while
working in 1992, aggravated by a road accident in 1999, according to
Dr. Levesque. But the doctor said the inmate had refused to hand over
his earlier medical records, or submit to an X-ray that might shed
more light on his injuries.

Dr. Levesque's report suggests Patriquen is "not in as bad a medical
condition as he pretends," the judge said.

"Mr. Patriquen is trying to convince this court that using marijuana
is the panacea that would resolve his problems," said the ruling.

"If that were the case, those problems would have been resolved a long
time ago."