JUDGE RESERVES DECISION ON REQUEST TO GROW MARIJUANA

Hepatitis Patient Seeking Permission To Control Pain

The Federal Court of Canada yesterday reserved its decision in the case of
a Hawkesbury hepatitis C patient who asked for permission to grow more
medicinal marijuana plants to control his pain and muscle spasms.

Marc Paquette argued that Health Canada's medicinal marijuana regulations
prevented him from getting the drugs he needs.

The government allowed Mr. Paquette to grow 25 plants at home until his
permit expired in March, but he argued he needs better quality marijuana,
hashish or hash oil to relieve his pain.

"I couldn't produce more than 100 grams of dried marijuana in three
months," Mr. Paquette said afterwards. "That represents 10 days of medication.

"I had to rely on organized crime to supply me with $1,200 a month of
marijuana on a disability pension of $1,500 a month. That is not quality of
life."

Mr. Paquette said he receives relief from muscle pain and spasms within 30
seconds when he smokes good quality marijuana.

"I have a lot of back pain from herniated lumbar discs," he said.

"I find that marijuana removes 98 per cent of the pain. I can't absorb more
pills now because of liver problems."

Mr. Paquette argued that the constitutional right to life means that
seriously ill and dying people have a right to medicinal marijuana. Despite
this, he said, patients must reapply for medicinal marijuana permits every
six months.

"It is a bureaucratic nightmare," Mr. Paquette said. "The conditions
imposed are unconscionable and some have resulted in the premature deaths
of dying patients.

"Many people have perished without the relief they sought. The regulations
are an impediment to sick and dying Canadians seeking access to this herb."

Alain Prefontaine, the lawyer representing the attorney general of Canada,
argued that the federal health minister can exercise discretion about who
will receive medicinal marijuana permits.

Mr. Prefontaine said evidence at the Gatineau trial of medicinal marijuana
activist Raymond Turmel showed that Mr. Paquette had given a joint to Mr.
Turmel's wife, Denise Beaudoin.

Mr. Turmel's brother, John Turmel, a medicinal marijuana advocate and
professional gambler, said after the hearing that many chronically ill and
dying patients can't get the drugs they need under new marijuana
legislation enacted on July 31, 2001.

"The president of the Ontario Medical Association says doctors should not
sign the applications unless they have studied the risks and benefits of
marijuana," Mr. Turmel said. "It is very difficult to get three doctors to
sign an application now."

Justice Michel Beaudry reserved his decision on the conditions of Mr.
Paquette's medicinal marijuana permit without saying when he will render a
judgment.