EPILEPTIC WILL USE REEFER DEFENCE

An Edmonton man plans to fight charges of cultivation of marijuana and
possession for the purpose of trafficking, using a defence based on a court
battle waged by an Ontario man who uses pot to control epileptic seizures.

Ken Kirk, 36, says he was charged Jan. 20 when Edmonton police stormed his
downtown apartment at about 3:30 a.m. Police seized about seven marijuana
plants and approximately a half ounce of the weed from his home, Kirk says.

An epileptic who suffers from grand mal and petit mal seizures, Kirk says
he uses pot to stave off epilepsy attacks.

"I smoke it when I feel (a seizure) coming on but as a matter of regular
maintenance, I have a little puff first thing in the morning and before bed
and sometimes in the middle of the day," Kirk told SEE Magazine. "I like to
carry a joint on me though, just in case. The thing is I don't have to
smoke a whole joint. A couple of puffs is fine."

Kirk will base his defence on the case of Terry Parker, a Toronto man
acquitted of charges of cultivation of marijuana last year. Parker's
lawyers convinced Ontario Provincial Court Judge Patrick Sheppard that
Parker has exhausted other medical avenues in seeking relief and that
marijuana prevents seizures. Sheppard ruled that parts of the Controlled
Drug and Substance Act are unconstitutional. The case is being appealed.

Kirk, who says he is Alberta Pope of the Reformed Druids Church, says he
will also battle the charges as a religious matter.

"I believe I have the religious right to smoke marijuana. It is part of
Druidic ceremonies and lots of religious ceremonies."

Kirk says he has never been convicted of a drug charge, although he has
some matters before the court.

"I've been especially successful at delaying my cases . . . so they get to
spend lots of money on me. I am turning myself into an intentional pain in
the ass."

Kirk makes his first appearance in Provincial Court Feb. 26.