N.B. MAN CONVICTED OF TRAFFICKING POT MAY GET TO SMOKE UP IN PRISON

SAINT JOHN, N.B. (CP) - A man convicted of trafficking drugs in New
Brunswick could find himself legally smoking pot behind bars.

Greg Boyle of the Saint John area was convicted of trafficking Thursday.
However, since Boyle has a medical exemption from Health Canada to smoke
marijuana, corrections officials could have a difficult decision on their
hands before he's sentenced July 17. Lawyer David Kelly, who represented
another defendant in the case, was unsure whether Boyle's medical exemption
would be honoured if he is sent behind bars.

However, he did say the courts have been clear that drug trafficking
offences call for a period of incarceration.

Health Canada spokesman Andrew Swift said a criminal conviction is unlikely
to cause the department to revoke a person's medical exemption.

He said if Boyle is sentenced to time behind bars the matter would then
fall to Corrections Canada. Corrections officials were unavailable for
comment late Thursday.

Last fall, Health Canada gave permission for Boyle, who suffers from a back
injury, to grow up to 25 marijuana plants in his home.

He can store 1,125 grams of smokable marijuana and carry 150 grams around
in public.

He was arrested in October 2000, before receiving the exemption, and
charged with trafficking, cultivating marijuana and unsafe storage of a
firearm.

A security camera trained on Boyle's home showed the comings and goings of
customers, while police confiscated drug paraphernalia and individual bags
of marijuana in such quantities they could not have been for personal use
only, the Crown argued.

Const. Bruce Connell testified police confiscated enough marijuana to roll
5,900 joints.

Even with a 20-joint-a-day habit, Boyle's stash amounted to an seven- to
eight-month supply.

Boyle's companion, Elizabeth Ferguson, was cleared of all charges in the case.