JUDGE DENIES REQUEST FOR RCMP TO DESTROY MARIJUANA

Carl Anderson is not the federal minister of health, and that's why
he cannot get an order for the RCMP to destroy the marijuana police
returned to him after a seizure last May.

That was what provincial court Judge Chris Cleaveley told Anderson on
Wednesday after hearing the approved medical marijuana user's request
for the destruction order.

Anderson's Westsyde home was searched by RCMP last May. He is
licensed for 49 marijuana plants and 2.2 kilograms of dried pot for
medical use.

Police found he had 136 plants and more than six kilograms of dried
marijuana.

While Anderson was never charged, he applied for the plants and
equipment seized to be returned to him. That was done, but he is now
seeking compensation for the returned marijuana that was rotten.

His case for that compensation is in court today.

Representing himself, Anderson told the court he didn't have time to
deal with the rotten marijuana problem when it was returned to him
because he was in and out of hospital.

But some of the bud was moldy when he got it back. He has since
stored it all in a cabinet in an empty in-law suite in his house.

"It is a health and safety matter and it has to be dealt with as soon
as possible," he said. "It's a hazard to my family."

Cleaveley said the Controlled Drugs and Substances Act specifies only
the federal health minister can order police to destroy the
marijuana. The interpretation act that Anderson cited does not allow
him to interpret the term minister as a citizen, the judge said.

"I'm not with you on this," he said in dismissing the application.