Author: Jason Proctor

MEDICAL POT SUPPLIER MAY SEEK ASYLUM

Sitting on a battered couch in his Kitsilano living room, Kenneth Hayes
takes an almost perverse pride in pointing out the shabby state of his
surroundings: An ancient fish tank by the wall, used books and a beat-up
1991 Toyota Previa out back.

This is the Californian the U.S. Drug Enforcement Agency has now twice
tried to implicate as a big-time dealer using the distribution of medicinal
marijuana as a front to peddle pot.

Acquitted once by a jury, Hayes recently moved to Vancouver only to find
the DEA on his case again. This time, the agency worked in conjunction
with the RCMP and Vancouver police, who have charged Hayes and his
girlfriend with marijuana-related charges.

The couple say they have nothing to hide. They're hoping Canada can
protect them from an enemy Hayes fears is determined to lock him away.

"We're poor and we're afraid," says Hayes. "The DEA is lying. The fact of
the matter is that there are sick and dying people in San Francisco that
rely on cannabis as their medicine. And the police are using whatever
tactics they can to squash out the idea that cannabis is medicine."

Hayes and girlfriend Cheryl Sequeira were arrested by Canadian police in
Vancouver on Feb. 12 as the DEA wrapped up a 10-month probe with U.S. raids
that resulted in the arrest of three men and the seizure of 8,130 marijuana
plants and $58,500 US.

The Canadian raid resulted in charges of possession with the intention to
traffic. The couple make their next appearance in provincial court on Feb. 27.

Hayes became involved in the distribution of medical marijuana in 1996,
starting a Harm Reducation Club through which he says he provided sick
people with pot. The 34-year-old used cannabis himself to combat chronic
pain caused by a congenital hip disorder.

California law permits the use of marijuana for compassionate use - but the
legislation is in conflict with U.S. federal law that prohibits the growth
and consumption of marijuana. Hayes's acquittal was supported by San
Francisco District Attorney Terence Hallinan, who appeared as a witness at
the trial.

But being in the spotlight took its toll and Hayes said he was hoping to
bring his family north to escape the controversy. He says he may claim
political asylum in Canada if the U.S. tries to extradite him.

His lawyer, John Conroy, told a Santa Rosa, Calif., newspaper that any
claim for refugee status would be based on Hayes's "well-founded fear of
persecution by the U.S. government." Conroy also represents a Santa
Monica, Calif., woman who has fought extradition on similar charges since 1999.

In the meantime, Hayes and Sequeira say they're optimistic the Canadian
charges against them will either be dropped or result in an acquittal. If
they go to trial, they plan to use a medical defence.

"That's what it is - it's medicine," says Hayes. "If they saw it in
California they'll certainly see the truth here, too."