MEDICAL WON'T GET DOPE BACK QUICKLY

The RCMP can't be forced to return what it no longer has, a judge told
a medical marijuana user who wants the drug squad to return the
"medicine" it seized in a pointless raid.

Carl Anderson was in provincial court Monday asking for the return of
all the items drug cops took from his house when they executed a
search warrant in May, including the marijuana he grew for health purposes.

Police believed Anderson, who has a permit from Health Canada to grow
and possess specific quantities of marijuana, was trafficking the drugs.

Officers say they seized 136 plants and more than six kilograms of
marijuana, when Anderson is only allowed to possess 49 plants and 2.2
kilograms. The drug squad also dismantled and seized the man's
hydroponics growing equipment and took his computer.

Anderson denies he was over his permitted limits, saying most of the
live plants were immature clones, many of which would not have
survived. He also denied he had more dried cannabis than he was allowed.

Anderson was not charged. More than a month after the raid, the
federal Crown deemed the circumstances did not warrant charges.

The RCMP asked the court to adjourn Anderson's application so they can
hire a lawyer. Anderson opposed the request, telling the judge he has
only three days worth of marijuana left.

Once that runs out, his health will deteriorate, he said. Anderson
says cannabis is the only substance that alleviates the severe
migraine headaches he has suffered since a car accident several years
ago.

But the issue proved mostly academic, as the RCMP had already
destroyed the drugs they seized from Anderson.

"What is the point of making the order, if (the marijuana) has been
destroyed?" asked Judge Dev Dley.

The judge told Anderson he can have his growing equipment back
immediately, even though the man claims the RCMP destroyed it beyond
repair when they dismantled it.

Dley said those issues, as well as questions of compensation, can be
worked out later. The case was set over until July 22.