JUDGE STRIKES DOWN POT GROWING LAW

But MS Sufferer Grant Krieger Not To Sell Medicinal Marijuana

An Alberta judge has struck down a portion of federal law that
prohibits the cultivation of marijuana for medicinal purposes, saying
it's unconstitutional.

Justice Darlene Acton struck down Section 7(1) of the Controlled
Drugs and Substances Act Monday, but stayed the decision for a year.

That time, she said, would allow the federal government ample
opportunity to correct the Charter of Rights and Freedoms breach she
ruled has been made against marijuana crusader Grant Wayne Krieger.

Acton, as part of the decision, also stayed cultivation charges
against Krieger, 46, who has multiple sclerosis, and granted him an
exemption under Section 56 of the act so he can now legally grow the
illicit drug for his own personal use.

The judge said exemptions permit citizens who require marijuana for
health reasons to possess the drug, yet what "triggers the absurdity"
is that they are forced to grow it or purchase it illegally off the
street.

At least this way, she says, there will be some measure of quality control.

As of Oct. 2, she said, Health Minister Allan Rock has granted 72
exemptions nationally. He also turned down one person and intended to
refuse five other applications. Krieger has not applied.

"It would be inhumane to not grant Mr. Krieger an exemption to grow
marijuana for his own medical use," the judge told court in reading
her 30-page written decision on Krieger's charter challenge in a
pre-trial application.

"He has proven to court he needs it and although he hasn't tried
every available option, no other conventional drugs have been
successful for him."

Defense lawyer Adriano Iovinelli said the judge has made it "very
clear" that if the government doesn't react, she'll strike down the
section of the act."

I'd be very surprised if the government doesn't react, he said. "She
anticipates she'll get a reaction."

However, the judge did not go quite as far as Krieger and his lawyer had hoped.

She dismissed a second application that would have permitted Krieger
to sell the marijuana he grows to others who also require it for
medical reasons, but may not have a Health Canada exemption.

The judge said she did not find such a limit unjustified and added
society would not be protected adequately if anyone could distribute
otherwise illegal drugs to whomever they chose.

Krieger still faces a second charge of possession for the purpose of
trafficking and is scheduled to appear in court Jan. 10. His illness
is an incurable chronic disease of the central nervous system.

Outside court, Krieger was elated with the partial victory . "I'm
very happy but it's step 1," he said. "It's a very important
decision, because I need it.

"This means I have no fear of police coming to my house and shutting
me down," he said. "However, I feel sorry for those people who are
in pain and dying and have no supply."