APPEAL COURT OVERTURNS SICK MAN'S POT SENTENCE

The Nova Scotia Court of Appeal has overturned the jail sentence of a
marijuana-growing Pictou County man who is ill with leukemia.

In a ruling released Thursday in Halifax, Ronald Murray MacIvor, of
Merigomish was instead given a conditional sentence that includes four
months under house arrest and must undergo drug counseling.

Mr. MacIvor, in his late 40's, pleaded guilty last year to producing and
possessing pot for the purpose of trafficking.

At his sentencing in November, the trial judge, Justice Walter Goodfellow,
rejected a joint penalty recommendation from the Crown and defense.

Both sides recommended six months of house arrest, but Mr. MacIvor, who had
no criminal record and quickly admitted guilt when police searched his
property in Sept. 2001, was sentenced to four months in jail.

He served 10 days and was released on bail pending appeal of his sentence.

A three-member Appeal Court panel said the trial judge erred in refusing
the joint sentencing recommendation.

"There were no compelling reasons for departing from it," Justice Thomas
Cromwell wrote for the court.

Mr. MacIvor, who has used marijuana for about 16 years, has had chronic
back problems and suffers from lymphocytic leukemia.

He wasn't in the pot-selling business but used the drug at home and shared
some with his friends.

The man's jail sentence was unreasonably harsh, say court documents filed
on his behalf, and the Appeal Court appeared to share that view.

"In light of the circumstances of both the offense and the offender .. the
jointly recommended sentence was manifestly fit," its judgment said.