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News (Media Awareness Project) - Canada: Marijuana User Avoids Jail Time
Title:Canada: Marijuana User Avoids Jail Time
Published On:1998-09-09
Source:Peterborough Examiner (Canada)
Fetched On:2008-09-07 01:32:15
MARIJUANA USER AVOIDS JAIL TIME

MS sufferer claims smoking the drug helps him cope with disease

A man who says marijuana helps him cope with multiple sclerosis (MS)
symptoms avoided going to jail for growing marijuana after the judge read a
letter from the man's doctor. David Jamieson, 42, of Douro Township, was
accompanied by his wife, Teena, as he slowly walked out of provincial court
after being fined $1,000.00 Tuesday.

He and his wife had been charged with producing marijuana and possession for
the purpose of trafficking. After he pleaded guilty to the producing charge,
the other charges were withdrawn by federal prosecutor Stephen Bazuk.

After reading the doctor's letter-contents of which weren't disclosed in
court - Judge L.T.G. Collins said "I see why a fine rather than jail term"
was appropriate for Jamieson.

Outside court, while steadying himself with his cane, Jamieson told The
Examiner his general well-being and mood improved after smoking marijuana.

Jamieson said marijuana alleviates muscle spasms and depression, improves
his appetite and helps him sleep at night.

"I have a better quality of life when I can sleep and my body isn't tense,"
he said. "the pills (he is precribed) don't work as well as marijuana."

Jamieson said he will testify on the benefits he derives from marijuana at a
high prfile trial in London, Ont., where a woman, Lyn Harichy, was charged
with possessing marijuana cigarette on the police department steps in 1996.

A London police spokeman told the Examiner that Harichy, who wants marijuana
legized for medicinal purposes, stood outside police headquarters until she
was charged. Her trial is Nov. 17.

Jamieson said he was diagnosed with MS four and a half years ago but had
smoked marijuana for several years prior to that. He said he began taking it
for medicinial reasons after reading an article on its benefits for MS
sufferers.The only difference is that now he uses a vaporizer, he said.

Jamieson said he will continue taking marijuana for MS and his doctor has
provided him with a letter so he can join a marijuana buyers' club.

The Jamiesons said the club isn't a legal entity and members can be charged
by police if caught with marijuana.

Jamieson said he hasn't used the buyers' club yet, bet has been told its
prices are the same as street prices for marijuana.

He said he wanted to fight the charges he pleadied guilty to yesterday but
couldn't afford the $10,000 to $15,000. cost of going to trial.

Jamieson said that he was also fined $1,000.00 following a conviction for
growing a small amount of marijuana in his house five or six years ago.

Court heard police searched the Jamieson's Douro Township house after
getting a tip that Jamieson was growing marijuana.

Bazuk told court that police found a hydroponic growing operation with
numerous seedling plants and some dried marijuana. He said that there was
also evidence that marijuana was grown outside.

When the Jamiesons were arrested the OPP said they seized 250 plants with
potential street value of $50,000.

Lawyer Russ Palin and Bazuk had reached a plea bargain agreement of
$1,000.00 fine, which they suggested to Collins.

While Bazuk told The Examiner most people convicted of producing marijuana
go to jail, he said his decision on an appropriate penalty is based on the
facts and what the prosecution can prove.

Bazuk said he did not agree to the fine because of Jamieson's medical
condition.

Checked-by: Don Beck
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