POT-SHOP OWNER DENIED HIS DRUGS SEIZED BY POLICE

The man behind the city's only compassion club told a judge Thursday
the RCMP seizure of marijuana from his Tranquille store in November
has left many people suffering.

Carl Anderson was in court seeking the return of the marijuana that
was seized when RCMP drug officers executed a warrant at his
storefront on Nov. 2 and seized many exhibits, including live plants
and dried marijuana.

Anderson said roughly 900 grams of what was taken was his own
personal supply. He has a Health Canada licence to possess 1,200
grams for personal medicinal use. He had it stored in a safe at his office.

"I have a right to have that back forthwith," he said.

Anderson also called two others to testify who also had their
marijuana stored at his facility.

Anderson told the judge he has contracted with many individuals to
act as an intermediary between them and marijuana growers. He tests
the product before he delivers it to patients, he said, to ensure the
marijuana is pure and free of harmful additives.

John Roubros told the court he has AIDS and doesn't expect he will
live much longer. He, too, asked the court to return the seized
marijuana immediately as the drug helps him keep on weight.

"I know it's clean and I know it's safe. I don't have much longer to
live, I just want to enjoy the rest of my life," he said.

Lesley Jenkins said since the RCMP raid took away his source of
marijuana, his health has deteriorated.

"I have had to go to the street a couple of times," he said. "Mr.
Anderson has helped me tremendously to find a grower."

Federal Crown prosecutor Anthony Varesi told the judge Anderson has
not yet been charged but a report to Crown counsel is expected. He
said the RCMP are entitled to keep seized items for at least three
months, making Anderson's application premature.

Judge Hermann Rohrmoser agreed, saying he has no authority to order
the return of the seized items at this stage.

"The question of whether Mr. Anderson can legally hold those
substances in these circumstances is exactly the issue that will
ultimately be decided," he said.

"I would be exceeding my authority if I did."

Rohrmoser postponed the hearing until February, giving Anderson the
opportunity to renew his application after the search warrant's three
months has passed.