CONDITIONAL DISCHARGE FOR MEDICAL MARIJUANA

A Courtenay man caught growing marijuana to treat chronic back and
neck pain has received a conditional discharge.

Nathan Babcock (28) fell 120 feet from a tree seven years ago while
working for a forestry company. Since then, he has been struggling to
get permanent disability compensation from the WorkSafeBC - a battle
he only recently won.

On May 11, 2009 police went to a reported assault at Babcock's
residence. The fight turned out to be consensual, but officers could
smell the distinct odour of growing marijuana.

After attaining a search warrant, police found 34 pot plants.

Defence lawyer Miller stressed that Babcock's past injuries left him
in a state of chronic pain and that the cost of his prescribed
medication was too high. Miller urged Judge Allan Gould to give
Babcock a conditional discharge.

Babcock said his life has been difficult over the last few years and
urged the court to exercise leniency.

"I was basically brought to the stage where I had to relearn
everything," said Babcock of his accident.

"All I'm doing is medicating myself."

Gould said the circumstances of the case were unusual and added: "All
I know I guess is that I wouldn't want to have an accident like you, sir."

Gould gave Babcock a conditional discharge and one year's probation.
At the Crown prosecutor's suggestion, Gould also granted the police
the right to inspect Babcock's residence once a month until he
receives his medical marijuana license.

The Crown prosecutor had wanted Babcock to pay a $500 fine, citing an
earlier conditional discharge Babcock received in 2001.

But defence lawyer Robert Miller said any kind of criminal record
would likely kill Babcock's chances of successfully receiving his
medical marijuana license that he is approximately six months away
from receiving.