HAS MEDICAL MARIJUANA LICENCE, CAN'T GROW

He's got a licence from Health Canada to grow marijuana, but now Brian
Carlisle says he can't get his grow-lights back from the RCMP after they
were seized in July last year.

"It's selective persecution," says Mr. Carlisle, who claims other medical
marijuana users in the same situation have had their grow equipment returned.

Mr. Carlisle is seeking a court order next week for the return of four
grow-lights and 51 marijuana plants seized by Hope RCMP officers.

He says he was told by the exhibits officer in Hope that there is a "new
protocol" in place and that he would have to apply to Health Canada and to
the B.C. Attorney-General to get his equipment back.

Meanwhile, Mr. Carlisle says he has to buy marijuana from other sources.

"I've been forced to deal with the most shady characters," he says.

RCMP Staff Sgt. Jim Delnea says the Hope detachment is acting on
instructions from Crown counsel.

"My federal Crown counsel directed me not to return (the equipment)," he
says, because Mr. Carlisle "was in contravention of the law prior to
receiving his permit" from Health Canada to grow marijuana for medical
purposes.

Cultivation and possession charges against Mr. Carlisle were stayed in
court after he got his Health Canada licence to grow medical marijuana on
Sept. 9.

Federal Crown prosecutor Finn Jensen would not confirm the reason for the
refusal to return the seized items, saying "several agencies are deciding
the issue" including the Department of Justice and Health Canada.

The decision not to return the items in light of the licence issued by
Health Canada may seem a contradiction, he agrees, but there is no
"overall" policy on returning items seized by police, and Mr. Carlisle is
free to buy new equipment.

"Each case will be decided on its own" merits, he says.

Steve Kubby, an American citizen living in Sechelt, who received a licence
to grow medical marijuana shortly before Mr. Carlisle, says his
grow-equipment seized by police in April has also not been returned.

Cultivation and possession charges against him have not been stayed.

Despite a "life and death" medical condition that was "well-documented" in
court and notices signed by doctors confirming his medical condition posted
to the walls of his Sechelt home, he says police still seized his plants
and grow equipment worth between $7,000 and $10,000.

"What the RCMP did is no different than taking insulin away from a
diabetic," says Mr. Kubby, who suffers from a form of adrenal cancer
unresponsive to traditional treatment methods.

He says the $2,000 a month it costs to buy the half-ounce of marijuana he
smokes each day is "a terrible hardship for my family." "The RCMP needs to
understand the harm they cause sick people and their families when they do
this," he says.

A nutrient company, looking at developing grow-equipment for medical
marijuana licence holders, is donating $15,000 worth of grow-equipment --
including a fire alarm system -- to Mr. Kubby.