SMOKED POT FOR PAIN, MAN SAYS

Yellowknife (Sep 22/06) - A 47-year-old man who said he uses his
home-grown marijuana to deal with the pain of arthritis was fined
$2,300 in NWT Supreme Court, Tuesday.

Lindsay James Mair, who represented himself, was also sentenced to a
day in jail after Alberta-based justice C. Kenny, found him guilty of
growing and possessing marijuana.

Mair was charged in May 2004 after police followed his son back to
Mair's home in order to confiscate paint ball equipment.

Police testified that after they entered the home, they smelled marijuana.

Crown counsel Shelley Tkatch told the court that police seized five
immature plants or cloned leaves, four mature plants and two fully
developed buds - the part of the plant used to make smoking marijuana.

Police also seized halogen lights, materials used to create a
watering system and books and magazines about growing marijuana.

"It is a large amount (of marijuana) for personal use," said Tkatch.

In court, Mair attempted to have evidence thrown out, arguing they
didn't have his expressed consent to be in the home. Justice Kenny
rejected the argument. She also didn't consider Mair's criminal
record, which included a conviction for marijuana possession.

"While he has a previous record, it is over 20-years-old and has no
impact on the sentence," she said.

Mair said he was disappointed with the conviction, but pleased he was
not sent to jail.

He said he was pretty sure he would end up behind bars because he did
not have a lawyer.

He began the process with a lawyer, but said he was unhappy with the
counsel and decided to represent himself.

"I didn't feel my lawyer was representing me in the proper manner," he said.

Mair said though he doesn't have much money, he was denied a public defender.

He called the process to represent himself "very difficult" but in
the end, unavoidable in his situation.

Mair said he grew the marijuana in his home to avoid dealing with
organized crime.

He said he uses it to manage his rheumatoid arthritis that affects
his spine and forces him to walk hunched-over.

"I'm hoping in the future to apply for medical marijuana," said Mair,
even though he suspects it will be much harder to get now that he has
a conviction for growing pot.

Mair said he was diagnosed with arthritis when he was 21. For a long
time he took anti-inflammatory medications, but due to stomach
problems, began using marijuana instead, he said.

The judge gave him until June 30, 2007 to pay the fine.