MAN BEATS CHARGE, SAYS 746G OF POT FOR PERSONAL USE

GUELPH, Ont.-- A British Columbia man found with 746 grams of
marijuana beat drug trafficking charges today after convincing an
Ontario judge he had intended to smoke all of it by himself.

Carlos Lamprea, a home renovator, pleaded guilty to possessing the
drug, but was found not guilty of possessing the marijuana for the
purpose of trafficking.

Lamprea, 56, claimed the drugs were intended for his personal
use.

"He has a record of a terrible abuse of this drug," his lawyer Kenneth
Smith said. "It's conduct that's shameful."

Lamprea has six prior convictions for possessing marijuana.

Justice J.L. Menzies said he believed medical evidence from Lamprea's
doctor that the man was a drug abuser with a chronic obstructive
pulmonary disease.

Provincial police officer Andrew Houston pulled Lamprea over for
allegedly speeding on Feb. 29, 2004, court heard.

While obtaining his licence and registration, Houston noticed Lamprea
was nervous and constantly tapping his fingers on the steering wheel.

When he looked inside the vehicle, the officer spotted a plastic
Tupperware container on the rear passenger-side floor.

Houston questioned Lamprea, who admitted he had just finished a
joint.

The officer then found bags containing 746 grams of marijuana inside
the vehicle.

A key part of Smith's defence was that police didn't find debt lists,
scales or other devices to measure marijuana -- meaning he didn't
intend to sell the drugs.

Lamprea testified that he smoked about seven to 10 grams of marijuana
per day.

"If (the officer) had seen the joints inside my pocket, he would have
realized these are not toothpick-sized joints," he said.

Lamprea was fined $5,000 on the possession of marijuana charge.