MEDICINAL MARIJUANA USE BACK IN COURT

Judge sentences man to house arrest

KITCHENER - Smoking 30 marijuana joints a day has made life a lot more
bearable for Klaus Jaitner since 1990.

It's been the medication of choice for the 45-year-old man since he
severely damaged his right hand and arm while lifting heavy boxes at work.

Diagnosed with "chronic cumulative trauma disorder" and told he would
always have pain from tendon and nerve damage, Mr. Jaitner turned to
marijuana as a way to relieve his misery.

In fact, to ensure a steady cheap supply he began growing his own pot in
'the basement apartment he rents in his brother's home.

Things would have gone along fine if his brother's ex-girlfriend hadn't
noticed a distinctive odour in the home, and decided to tip off police last
November, Mr. Jaitner said following an appearance in Kitchener provincial
court Tuesday. Mr. Jaitner was sentenced to four months house arrest and
eight months probation for producing an illegal substance. He must also
perform 40 hours community service work.

In imposing sentence, Judge Elliott Allen referred to an Ontario court
ruling last December involving an epileptic who said he uses pot to control
his seizures.

In that case, Judge Patrick Sheppard stayed charges of possession and
cultivation of marijuana against Terry Parker.

The federal government is appealing the case, saying that smoking marijuana
is illegal regardless of the medical benefits.

Justice Allen remarked that the Parker case, as well as a second recent
case, show the law is in "a state of flux." He said the two cases present
"substantial evidence reflecting a change in attitude to marijuana. It may
be it's less harmful than it's perceived to be in many ways, and has
legitimate medical uses," Justice Allen said.

Mr. Jaitner's lawyer, Lee Fitzpatrick, said outside court that Mr. Jaitner
didn't want to wait for the appeal of the Parker case. He decided to plead
guilty in return for trafficking charges being dropped.

Mr. Jaitner said the marijuana isn't so much a pain reliever as a relaxant.
"It helps you deal with the psychological pressure that chronic pain
causes. You're not constantly stressed out," he said.

He said the tension from the pain caused him massive migraine headaches,
which pot relieves.

"I knew what I was doing was against the law, but I kept it private," he said.