POT MEDICATION NOT RETURNED

A licensed medical marijuana user whose pot plants were seized during a drug
bust last month by Abbotsford Police was denied a quick return of his
"medication" by a B.C. Supreme Court Justice in Chilliwack on Friday.

"I'll be dead before they give me my meds," Brian Carlisle said as he
stormed out of the courtroom following the ruling.

Justice William Grist said Mr. Carlisle must file a statement of claim so
lawyers for the City of Abbotsford can prepare a defence to the civil
action.

"Ultimately, this court has no jurisdiction to consider what you want
today," Justice Grist said, striking down the motion.

Carlisle said outside the court that he will file the statement of claim,
but believed the justice could have ordered the immediate return of the
marijuana grown under a licence issued by Health Canada or compensation to
buy pot from another source.

He claimed the value of the medical marijuana is $19,050.

Abbotsford Police returned some of Carlisle's marijuana after the Jan. 6
seizure, but not the amount he claimed is permitted under the licence.

Without an adequate supply of marijuana since then, Carlisle said his health
has deteriorated and he is unable to take retroviral drugs for AIDS without
marijuana.

"They have put me into full-blown AIDS," he said, showing reporters
documentation that his blood count has fallen since the bust.

In court, lawyer David Butcher conceded Carlisle is licensed to grow 25
marijuana plants, store 1,125 grams and possess 150 grams for medical
purposes.

But he said the city's position is the pot - a total 2,090 plants - was in
possession of the two people charged, not Carlisle, and the seizure was part
of a criminal proceeding.

There is "some legal urgency to Mr. Carlisle's application" for relief, he
said, "but for good or bad the Abbotsford police destroyed the bulk of the
marijuana before his (civil) action was filed.

"That may of course lead to a claim for monetary damage rather than
entitlement."

Abbotsford Police Const. Shinder Kirk could not comment on a case before the
courts, but said it is standard practice for police to destroy seized
marijuana because it is not required as evidence during a criminal trial.

Tim Felger, owner of the Bradner Road property, is charged with production
of pot, possession of a controlled substance and breach of an undertaking
related to an earlier pot bust in May, 2003.

Another man, John Krist, is also charged.

Carlisle said growing his marijuana at the Abbotsford property was a "last
ditch" effort to obtain a legal supply of pot after a home invasion in
Chilliwack.