A LEGAL TRIUMPH FOR POT

Marijuana's Medicinal Use Is Winning Converts In Court

In the summer of 1997, Grant Krieger tried to cheer up a buddy who had been
convicted of cultivating marijuana. A 44-year-old multiple sclerosis
sufferer and pot smoker, Mr. Krieger stood on the steps of Calgary's
courthouse and fired up a joint in front of a crowd of reporters and
friends. "When I stepped into the courthouse, a cop put his hands on me and
said, 'You're under arrest for simple possession of marijuana.'" he
recalls. While Mr. Krieger's act of civil disobedience had the desired
effect, developments on other legal fronts could mean that, one day, he
will be able to smoke pot without breaking the law.

At the Calgary courthouse, police found 23 grams of marijuana on Mr.
Krieger and charged him with intent to traffic in a narcotic. He had been
deported from the Netherlands two years ago after being busted with more
than two pounds of it. Last month Provincial Court Judge R.H. Davie found
him guilty, but delayed sentencing until October 19 to allow the judge time
to study the medicinal uses of marijuana.

The prosecution had asked for Mr. Krieger to be jailed for 14 to 30 days.
However, "I want to ask for life imprisonment with no chance of parole,"
argues Mr. Krieger. "I'm a repeat offender here, I guarantee it. The
Government of Canada should not be allowed to tell you how to heal your
body."

A Vancouver trial which ended earlier this month has given his argument
some timely ammunition. Stanley Czolowski, a glaucoma sufferer, received a
conditional discharge from B.C. Provincial Court Judge Jane Godfrey on
charges of growing and trafficking six pounds of marijuana. The 44-year-old
Mr. Czolowski admitted he uses pot to reduce the symptoms of his disease,
including pressure in his eyes, nausea and fatigue. He sold his homegrown
grass to Vancouver's Cannabis Compassion Club, which provides discount
marijuana to sufferers of AIDS, multiple sclerosis, epilepsy and cancer.

"I have no difficulty whatsoever in understanding [Czolowski's] personal
motivation and I have extreme sympathy for his personal situation," said
Judge Godfrey. She cited the case of 42-year-old epileptic Terry Parker; in
December an Ontario judge stayed possession and cultivation of marijuana
charges against Mr. Parker, ruling that sections of the Controlled Drugs
and Substances Act prohibiting marijuana for medical purposes were
unconstitutional. "I am satisfied it's not contrary to the public interest,
notwithstanding the volume involved, and certainly it's in the interests of
the accused to grant him a discharge," Judge Godfrey said of Mr. Czolowski.

Neither he nor his lawyer John Conroy could be reached for comment. But Mr.
Krieger is more than happy to discuss the Czolowski legal triumph. "This is
a monster case for me," he says. "Marijuana is the best muscle relaxant
I've ever taken. When I took [commercial relaxants] I would have muscle
spasms, lose control of my bodily functions and have accidents. I used to
walk with knee braces, crutches, a cane. Now I can walk by myself. Hey, I
just helped my kids put up a fence around our new place."

Mr. Krieger says the cannabis also helps him bear the pain of regular
massages, which are agonizing for MS sufferers but keep his muscles limber
and tremor-free. "It takes away my spasticity so I can function," he says.
"The massages fix everything." Everything. perhaps, but his legal troubles.
In 1996, police raided his home in Regina and seized three ounces of
marijuana, a scale and some smoking paraphernalia. He was charged with
possession of cannabis; his wife Marie was charged with possession and
trafficking. Both Kriegers are to appear in court in December.

"All this trouble for a little bit of pot," says Mr. Krieger, who is
looking for donations to pay more than $15,000 in legal fees. "The bills
are piling up. It's expensive, but it's worth it. I'll do it all over again
if I have to."

Another marijuana advocate is trying to derail the law in another fashion.
James Wakeford, a 53-year-old Toronto resident, smokes marijuana to offset
the crushing effects of the chemotherapy treatments he takes to fight AIDS.
"I was wasting away because of the drugs and they nearly killed me," says
Mr. Wakeford, who was hospitalized in April after losing 20 pounds in a
month and shrinking to 118 pounds. "I smoke every day before dinner. It
stimulates my appetite; things taste more pleasurable and eating is okay
again."

This summer Mr. Wakeford, who has no criminal record, filed a suit against
the federal government. He sought an exemption to the marijuana ban in the
Controlled Drugs and Substances Act on the grounds it violates his right to
liberty and security, as outlined in Section 7 of the Charter of Rights and
Freedoms. On September 9, Ontario Court General Division Justice Harry
LaForme said he would "have no hesitation in granting perhaps even all the
relief Mr. Wakeford seeks." However, one technicality dissuaded him from
doing so. Section 56 of the Controlled Drugs and Substances Act allows
people to apply for an exemption to a ban on a drug if they can prove it is
"necessary for a medical or scientific purpose."

On September 15 Mr. Wakeford applied for the exemption. If it is denied, he
will appeal the LaForme decision on the grounds that the refusal violates
his charter rights. Mr. Wakeford, who is also accepting donations to help
defray his lawyer bills, is confident he will win either the exemption or
the appeal. "I'm not sure anyone ever applied for this exemption before,"
he says. "I'm trying to set a precedent here. I want safe, clean marijuana
for medical purposes. That's all I'm looking for."