MAN ARRESTED IN RAID SAYS POT FOR MEDICAL PURPOSES

Case Yet To Go To Court

A Meaford man who was busted last week says he's not a drug
trafficker, but was growing and using pot for medicinal purposes -
with his doctor's knowledge but without a Health Canada licence.

Grey County OPP have charged both James Kerr, 35, and his partner,
Celena Negovetich, 30, with production of marijuana and possession
for the purpose of trafficking on Jan. 4.

Kerr said after the bust his family doctor finally signed the medical
use of marijuana form, which he'd had for a year. Kerr said he mailed
the licence application in this week.

Now it's up to Health Canada to decide whether to grant Kerr a
licence to legally grow and possess pot for medical purposes.

Kerr, who contacted The Sun Times after his name appeared in story
this week about a drug raid at his home, said he was diagnosed in
September 2005 with multiple sclerosis, a disease of the central
nervous system with no cure. It causes him to suffer attacks of
prolonged muscle spasms and headaches which are relieved with
marijuana, which Kerr calls medicine.

Kerr said his health is already worse without pot.

"My left hand is curled up, weak and almost useless. My left leg
feels like it weighs 200 pounds and is weak. I'm noticeably limping
now and its only been one week without medicine."

He has constant headaches and if tries to use his curled hand, the
pain is "excruciating," he said.

After the bust, Kerr said police called the Children's Aid Society.
Kerr's kids were placed with their mother in Collingwood while the
CAS investigates. Now Kerr is anxious to get his kids back.

Kerr said he wishes police had better understood what they were
dealing with before they pounded on his front door and announced they
had a search warrant.

He opened the door and was immediately pushed against a wall and
handcuffed, he said. His kids weren't home when police arrived.

He told the officers he suffers from MS and grows and uses marijuana
but was told to "shut up." Kerr said he told police where to find the
marijuana and once they did, they arrested him.

He said he was denied his request for his hat and coat on the way out
the door and that police broke a shelf and hinges to a cabinet where
he told them he stored the marijuana.

Staff Sgt. Rick Sinnamon said it's best during drug raids to handcuff
people for police and the resident's safety.

The police report on the raid said Kerr was co-operative, Sinnamon
added.

He wouldn't comment on Kerr's complaints because the matter is before
the court, but noted there is a police complaints process. He said
police obtained a search warrant from a justice of the peace and the
search was lawful.

"Anybody that knows me knows that I have multiple sclerosis," Kerr
said. "And the way they came in here, like with seven officers and
they thought they had a huge operation and everything . . ."

Said Sinnamon: "I'm quite positive there's people out there for
legitimate reasons in their mind, that they're suffering from some
sort of medical-type problem that they're using some sort of drug to
allow them some ability to function.

"And whether that's right or wrong, you and I can't decide that.
That's up to the government. The law would have to be changed," he
said. "There isn't anything right now that's allowing us to overlook
that."

It is legal to use pot for medical relief, with Health Canada's
approval. There were 2,261 people with a licences to use marijuana
and 1,581 to grow pot as of October, Health Canada's website says.

Kerr has been a stay-home dad since his illness prevented him from
working in the lumber industry, he said. He lives with his partner in
a rented apartment in a well-kept house in Meaford.

Kerr has explained his pot use to his kids, aged 10 and 11. He said
he only uses it in his bedroom, which he kept locked, from a supply
kept in a locked cabinet. He smokes it outside when his kids are at
his home, he said.

Kerr said he won custody of the children in family court, where his
medical use of marijuana and intention to obtain a licence to do so
were disclosed.

He said his application for a licence to use and grow marijuana sat
in his doctor's office for a year awaiting the doctor's signature.
Kerr said his doctor was busy and had to do research before signing
off.

Kerr said both that doctor and his neurologist advised him privately
to smoke pot because it relieved his symptoms. His family doctor
suggested he use four grams per day, Kerr said. The doctor could not
be reached for comment Friday.

Marijuana users say privately that doctors are reluctant to prescribe
marijuana because it sticks their neck out with police and the
College of Physicians and Surgeons. It's just easier to get pot and
use it under the radar of police, they say.

Police said in a news release Wednesday that they seized packaged
marijuana with an estimated street value of $6,820 and $1,000 worth
of marijuana plants.

Kerr says that's an overestimate.

He said he packaged the marijuana in one-ounce (28-gram) packages to
ensure he uses no more or less than his doctor suggested. At four
grams per day, each package was a one-week supply. Individual
packaging guarded against potential loss of his supply to rot.

Under the Marijuana Medical Access Regulations, if five grams daily
use is approved, that would equate to 25 marijuana plants and storage
of 1.125 kilograms of marijuana, a fact sheet says.