SUSPECT CLAIMS HE SMOKED MARIJUANA TO COMBAT MIGRAINES

4-Year-Old Taken Into Custody

Police weren't sympathetic when a Gloucester man allegedly told them
he was smoking marijuana in the presence of his 4-year-old son
because he suffered from migraines.

Albert Derian, 46, was arrested about 5:45 p.m. Saturday outside
Canobie Lake Park in Salem, N.H., after a security guard spotted him
sitting in his car.

Security guards became especially suspicious because Derian was
holding both hands up to his face while smoking, Salem police Capt.
Shawn Patten said.

Derian's son was seated in the front passenger's seat and jumped
around inside the car while his father smoked, Patten said. One
guard suspected Derian was smoking marijuana and called a police officer.

When the officer asked Derian why he was smoking the drug in front
of his son, Derian told the officer he smoked because he suffers
from migraine headaches and that the boy would be OK because the
car's windows were down, police said.

Police said a film container full of marijuana was found. Derian was
charged with possession of a controlled drug and endangering the
welfare of a child.

Derian's 4-year-old son was taken to the police station and later
released to his mother. Derian was issued a court summons and freed
after being booked.

Last week, the New Hampshire Senate passed a bill, 14-10, to
legalize medical marijuana for people suffering crippling ailments.
The bill allows people with a chronic or serious disease to keep up
to six plants and a maximum of 2 ounces of marijuana in their possession.

But Patten said even if the legislation is passed into law, it's
unlikely it would affect a case similar to Derian's.

"It's still illegal in the state of New Hampshire and if it does
pass, I am pretty sure the legislation will specify who can have it,
for what reason, and when they can use it," Patten said.
"Furthermore, I'm sure the usage is not going to be condoned in
front of children, especially in front of children at an amusement park."