MS SUFFERER TO TELL COURT CHARTER ALLOWS HIM TO USE POT

Drug Improves Quality Of Life, Accused Says

It's a legal battle that's been years in the making.

On one side you have a Calgary activist who refuses to yield to the
court's wishes and stop his marijuana use, on the other the lawmakers
who say smoking pot is illegal.

Grant Krieger and his lawyer Adriano Iovinelli remain undeterred and
will argue his right to use the drug is protected by the Charter of
Rights and Freedoms.

The four-day challenge begins in the Court of Queen's Bench
today.

"I believe it's my right to use the drug that helps me. It's a quality
of life issue," Krieger said.

The 46-year old uses marijuana to help battle the pain from multiple
sclerosis, a chronic disease of the nervous system that causes
tremors, speech defects and paralysis.

Crown prosecutor Scott Cooper was unavailable for comment.

In August, police arrested Krieger after they discovered a small
hydroponic marijuana operation at his home. Police seized 29 plants
with a street value of about $25,000.

Krieger was arrested and charged with possession for the purpose of
trafficking and producing a controlled substance.

The marijuana was used to treat his illness and that of other sick
Calgarians in his loosely formed compassion club, Krieger claimed.

Iovenelli said he plans to use Section 7 of the charter as the basis
for Krieger's challenge. It reads: Everyone has the right to life,
liberty and security of person and the right not to be deprived
thereof except in accordance with the principals of fundamental justice.

"I will argue that the section allows for an individual to heal
himself through the use of marijuana. My client believes that this
drug is a necessity for him."

An Ontario Court of Appeal decision under the same section and in
favour of medicinal marijuana usage released in July will not
necessarily ease the way, he said.

In that case, the court heard Terrance Parker, who suffers from
epilepsy, needed marijuana to reduce the incidence of seizures. Police
charged him with possession of a controlled substance.

Court heard before Parker began using the herb, he was having up to 30
seizures a day. After marijuana, the incidence of seizures dropped
dramatically.

The active ingredients in marijuana are known as cannabinoids. The one
that gives the drug's users a psychoactive effect, or high, is
tetrahydrocannabinol (THC).

There is scientific evidence that another, called cannabidol, is the
one which controls seizures.

It can't be recreated in the synthetic version of THC called
Marinol.

"My understanding is that unlike the Parker decision where it's
necessary for him to use marijuana to control the seizures, Grant
chooses to use marijuana to improve the quality of his life," said
Iovinelli.

"Is there a difference? That's up to the court to decide."

Krieger maintains there is. He said before he turned to pot for relief
from the chronic spasms that racked his body, he was on a variety of
pharmaceutical drugs which eventually caused him to lose control of
his bodily functions.

At times he couldn't walk. If he did, he was almost doubled
over.

"Now through the use of marijuana I am able to walk flat-footed like a
normal human being."

Once a decision has been reached in the charter argument, there may
still be the issue of a trial.

If the court decides that there isn't a breach of his charter rights,
Krieger will still have to defend himself against the possession and
production charges.

"I am prepared to fight for what is right," he said.

"I don't want some 70-year-old lady having to go through what I have
gone through.

"I want them to change the law so people can use marijuana to make
their lives better, and that's why I am here."