GROW YOUR OWN POT, PATIENT TOLD

Judge won't order government to supply drug

Although Jim Wakeford can legally smoke pot for medicinal purposes, a
court has denied his request to have someone else supply the drug.

But the Toronto man with full-blown AIDS said he has asked his lawyers
to appeal yesterday's decision of an Ontario Superior Court judge.

Wakeford has the space to grow more plants than he has in the past,
said Crown Attorney Eric Noble. But Wakeford's lawyer said he should
not have to worry about trying to grow his own plants.

"I'm not well enough to grow my own anymore," Wakeford said in an
interview yesterday. "I really thought the judge understood my
situation. I guess I was wrong."

Mr. Justice Blenus Wright dismissed Wakeford's request to have the
government provide him with a supply of the drug.

And his current dealers - who Wakeford calls his "caregivers" - won't
be getting any exemptions from trafficking or possession prohibitions
either, Wright ruled.

Two of his suppliers have been charged with possessing marijuana
plants, said his lawyer, Alan Young.

Wakeford, 55, is the first Canadian granted legal permission to smoke
and grow pot for medicinal purposes. There are about 35 people in the
country who have been granted this permission.

He began smoking marijuana in 1996 to alleviate the side-effects of
other medications and to boost his appetite but it wasn't until 1999
that Health Canada issued him an exemption.

Although Wakeford is entitled to smoke pot, he said his health is very
poor and he does not have the expertise to cultivate marijuana. Having
others assist with his crop puts them in an illegal situation, he said.

"I don't think the judge has any comprehension of the facts of my
case," Wakeford said. "But I'm still alive and I'll continue to battle
this."

He said since he took his case to court on April 12 he has lost eight
pounds, a dangerous weight drop for someone with AIDS. Wakeford's
lawyers had argued that his constitutional rights had been violated.

While awaiting an appeal, Wakeford will continue to be forced to pay
about $200 an ounce for marijuana on the black market. Apart from the
cost, he has said he would like the assurance of a "safe supply."

"I'm disappointed but I'm not deterred," Wakeford said. "I'm more
determined than ever."

In his ruling, Wright noted the government is planning to undertake
clinical trials with marijuana in order to supply patients with
exemptions such as the one given Wakeford.

"Although Mr. Wakeford has experienced that the use of marijuana
improved his quality of life, he has not exhausted other possibilities
which may be equally as effective," Wright also stated.

There is no government-regulated supply of marijuana and Wakeford has
had no trouble finding the drug elsewhere, the judge said.

The judge also said that although Wakeford has had some success
growing plants on his balcony, he has not pursued indoor
cultivation.

"I find that Mr. Wakeford has no real difficulty in obtaining
marijuana for medicinal purposes and is not dependent on government to
supply him with marijuana," Wright stated.