POT LAW PROTESTER GUILTY

A 68-year-old man charged with marijuana production received one year
of probation Tuesday because he was later approved by Health Canada to
possess the drug legally, says a federal prosecutor.

"In light of that," Mauro DiCarlo said he was satisfied that probation
was an appropriate sentence.

Benny Almud pleaded guilty Tuesday to one count of marijuana
production. A charge of possession of marijuana for the purpose of
trafficking was withdrawn.

His plea comes just a day after he and another man, Mark Mac- Donald,
appeared in Peterborough's Superior Court of Justice challenging the
country's marijuana possession laws.

Their application to Superior Court is that the laws were invalid for
six years starting in 2003.

Outside the courtroom Almud told The Examiner he pleaded guilty
Tuesday because he doesn't think the Superior Court application will
succeed.

On July 24, 2009, Peterborough County OPP raided Almud's Lakefield Rd.
home. In total they found 142 marijuana plants, plus marijuana shake,
seeds and $4,970 in cash, DiCarlo said.

Police said at the time that the amount of marijuana seized was worth
$144,554.

Almud's 21-year-old granddaughter Sabrina Almud was also charged at
the same time because she was living in the home.

All of her charges were withdrawn Tuesday.

Almud has always said his granddaughter had nothing to do with the
drugs.

DiCarlo said he was satisfied that the cash be returned because
Almud's lawyer Dave Ross had provided information that it came from
"legitimate sources."

Some of Almud's grow equipment was also ordered returned.

Ross acknowledged that the proposed sentence "may seem unusual," but
that his client has a serious back problem, is suffering from prostate
cancer as well as anxiety and depression.

Ross said Almud was renting rooms in his house to help pay his
mortgage and that was what the cash was from.

Ross also said that before he was arrested Almud tried to get
information about how to get a licence and couldn't get a doctor to
approve his application. However, when Almud was arrested police
provided him with phone numbers to help him out, Ross said.

Almud has been licensed for medical marijuana since July 20 and is
allowed 72 plants, Ross said.

Almud's actions were against the law but he was "only trying to help
himself," Ross said.

Almud must also provide a DNA sample and is banned from owning any
firearms for 10 years.

He is also not allowed to possess any narcotics without a prescription
and is not allowed to possess any quantity of marijuana above the
amount approved by Health Canada.

Mr. Justice Rhys Morgan reviewed Almud's medical marijuana licence
before accepting the joint Crown defence sentence.

Madam Justice Cory A. Gilmore will deliver a written decision on Almud
and Mac- Donald's Superior Court appeal. A date for her decision
wasn't set Monday.