MARIJUANA IS FOR MEDICAL PURPOSES, ARGUES ACCUSED

BRIGHTON -- An RR#3 Brighton man charged with production and possession of
a narcotic argues he applied for a federal medical exemption for marijuana
use prior to being charged.

David Elgin Casteels, 42, appeared in the Ontario Court of Justice
(Brighton) on the Feb. 27, 2001 charges.

Casteels testified Wednesday he was a carpenter until injured on Sept. 26,
1991 when a garage door closed on him breaking his leg in three places.

The accident left his left leg 5/8 of one inch shorter than his right, and
he suffered from lower body pain.

Casteels told Justice Ted Collins he took many pain prescriptions and
suffered side effects including internal bleeding before determining
marijuana was the best pain management drug available.

"Marijuana is good enough that I don't have to take other drugs," he said.

Casteels said his physician agreed to prescribe other medication but
cautioned they too would have side effects. He said he made an application
to Health Canada to cultivate marijuana for his own personal medical use
after being convicted of possession of a narcotic in August 2000, when he
was fined $1,000.

Health Canada responded by requiring signatures from two medical
specialists, but Casteels said he the doctors he approached weren't
interested. Health Canada later wrote to say Casteels' symptoms weren't
"life threatening" and therefore he wasn't eligible for a medical marijuana
exemption.

"When I filed (for the exemption) you didn't need two specialists
(signatures)," Casteels said. "The law changed requiring this (additional
signatures) but my application was in before that."

Casteels admitted he is still using marijuana to manage his pain.

"Prescription drugs put me at risk. I don't just think about today but my
future as well," Casteels said.

"These (legal prescriptions) are hurting my body and I'm the only one who
can do something about it."

Casteels told Moiz Rahman, one of the province's lead prosecutors on
medical marijuana exemption defences, that he must use a prescription drug
for asthma in addition to marijuana since he no longer grows his own.

"There's no steady source of marijuana unless you grow it yourself,"
Casteels said.

He admitted police seized 101 marijuana plants from one room, and 145
marijuana plants from a second room. He said he was growing the plants for
his own use.

He admitted to using marijuana prior to his 1991 accident.

But Casteels said he didn't connect his prior marijuana use with his
ability to manage pain from injuries incurred in a head-on collision and
motocross accidents.

"To someone who doesn't understand it seems like a lot," Casteels said,
explaining each plant produces only 3-5 g after being cleaned and dried.

It takes up to 100 days to produce a crop of marijuana, he said.

"By the time one crop is ready there isn't any excessive amount," Casteels
said.

He told Rahman he is aware of a legally prescribable synthetic marijuana
but adds "I prefer the natural thing; not something that's been copied ...
I've been doing marijuana for 25 years and haven't had any problems with
it. I did prescription drugs for five years and have had a lot of problems."

Casteels told Rahman he's "somewhat" aware smoking marijuana may have the
side effect of damaging his lungs.

Claudia Casteels of Oshawa testified she has a "very close relationship"
with her son and is aware of his marijuana use for medical reasons.

She testified marijuana makes her son "clear headed and free of pain enough
to work and try to reconstruct his life."

"I see it (marijuana) as a very good alternative (to prescription pain
killers)," she said. Roberta Armstrong of Trenton testified she has known
Casteels since the latter part of 1995.

She said she saw a "major difference" in Casteels after he began using
marijuana instead of prescription pain killers.

"I sensed prescription drugs were making him sicker," she said.

Brighton lawyer Dan Thompson, who helped Casteels make his charter
application to the court, said he had considered presenting expert medical
advice.

Justice Collins asked for a doctor's report on the Casteel's medical
history, a list of pain medicine prescribed, and an opinion on the use of
synthetic marijuana and marijuana "as an appropriate drug of choice" by
Nov. 6 when a hearing continuation date will be set.