POT RULING BITTERSWEET FOR N.B. MAN

Canada's Marijuana Laws May Have Been Ruled Unconstitutional, But It's Too
Little, Too Late For Jim Wood.

The Ontario Court of Appeal ruled Monday the law prohibiting the possession
and cultivation of marijuana is unconstitutional and fails to recognize the
plant's medical qualities.

Mr. Wood of Saint John is overjoyed to hear this news, but he still must
abide by a 7 p.m.-to-7 a.m. curfew, perform community service and consent to
random physical searches - all in accordance with his June sentence for
growing and possessing marijuana. Possession and cultivation, he says, that
was targeted towards alleviating his severe back pain.

"It's the same for me. I was told to choose between my health and what works
for me,'' Mr. Wood says. "I'm being punished for life because of my health.
People don't realize what's really happening.''

While this decision will undoubtedly provide new hope for others seeking to
use pot to ease their ills, Mr. Wood says he's going to serve out his
sentence and try to move on with his life. However, with a criminal record
hanging over his head, he notes, that could be difficult.

Monday's decision comes from the Crown's appeal of an earlier decision that
stayed charges against Terry Parker. The Toronto man says he smokes pot to
control his epilepsy, which at one point was causing up to 80 seizures a
week over 40 years.

Justice J. A. Rosenberg's written statement says Mr. Parker proved the
plant's use for alleviating his seizures. Mr. Parker's rights were being
infringed by a law which failed to accept this, he explains.

"I have concluded that forcing Parker to choose between his health and
imprisonment violates his right to liberty and security of the person,'' Mr.
Rosenberg writes.

Accordingly, he declared the prohibition on the possession of marijuana to
be of no force and effect. However, since this would leave a gap in the
regulatory scheme until Parliament could amend the legislation, he suspended
the declaration for a year. During this period, the current law remains in
full force.

Mr. Wood, the owner of Hemp N.B., a shop that specializes in hemp-based
goods, was convicted two years ago after RCMP found 57 marijuana plants
growing on his farm near MacDonald's Point.

New Brunswick Provincial Court Judge James McNamee ruled Mr. Wood provided
evidence showing only a possibility, not a probability, that pot eased his
back pain caused by multiple car accidents. Mr. McNamee therefore dismissed
Mr. Wood's medical-use claim.