MEDICAL MARIJUANA CASE GOES TO TRIAL

After failing to convince a judge that the law prohibiting the cultivation
of medical marijuana is unconstitutional, Raymond Turmel will now have to
convince a jury.

The 49-year-old Hull man, charged with trafficking under the Controlled
Drugs and Substances Act, argued that the law violated his Charter rights
to life, liberty and security, but Quebec Superior Court Justice
Jean-Pierre Plouffe ruled against him yesterday.

That cleared the way for Mr. Turmel's trial to begin, starting with jury
selection today.

"I would rather have convinced the judge, but I'm confident the jury will
see it my way," Mr. Turmel said yesterday outside the courtroom in Hull.
"This is a bad law."

Mr. Turmel has admitted to growing marijuana for his wife and others who
are "in pain." He was charged with trafficking on July 19, 2000, after Hull
Police raided his apartment.

Twelve days later, an Ontario Court of Appeal ruling in another case
sanctioned marijuana use for patients with such ailments as HIV/AIDS,
multiple sclerosis and cancer.

Mr. Turmel's wife, Denise Beaudoin, 56, broke her back, hip, legs and
pelvis in a 1989 traffic accident. She says she has since taken dozens of
prescription drugs that have had painful side effects, ranging from nausea
to intestinal bleeding and twice required surgery in recent years. Although
she still suffers from chronic pain, Ms. Beaudoin says marijuana makes it
bearable.

"When I use (marijuana) I'm more relaxed," she said. "I still feel pain,
but at least I can deal with it."

Mr. Turmel and Ms. Beaudoin are also involved in a related legal battle in
Federal Court.

They have been trying to obtain permission to smoke marijuana legally under
Health Canada's Medical Marijuana Access Regulations, which took effect on
Aug. 1.

With the recommendation of one doctor and two specialists, the new rules
allow patients requiring one gram of marijuana every day to grow five
plants indoors and store up to 225 grams. If the plants are grown outdoors,
only two plants are allowed because those plants are more productive.

The new application forms for medical exemptions, also issued in August,
are 20 pages long, compared to the old two-page forms. As well, until Aug.
1, applicants required the recommendation of only one doctor.

Ms. Beaudoin's application has been denied three times, with Health Canada
citing insufficient information. She is hoping a judicial review of her
application will force Health Canada to grant her permission to use medical
marijuana.

Mr. Turmel, a Marijuana Party candidate in Ottawa-Vanier in the last
federal election, is representing himself in court.