MAN LOSES FIGHT FOR RIGHT TO SMOKE POT IN PRISON

A judge ruled Tuesday she has no jurisdiction to hear Michael Ronald
Patriquen's arguments on his right to smoke pot for medicinal purposes
behind bars.

The Middle Sackville man, a leader in the fight for legalized marijuana,
was sentenced in Nova Scotia Supreme Court to six years in prison on two
drug charges.

As Justice Suzanne Hood read her decision, Mr. Patriquen's tearful wife,
Melanie Stephen, jumped to her feet and verbally lashed out at the judge.

"God have mercy on your soul, Your Honour," she screamed as sheriff's
deputies dragged her from the Halifax courtroom. "This is not Iraq or China."

Earlier in the hearing, Ms. Stephen had moved from her seat behind her
husband to the prisoner's bench to be closer to him. Justice Hood ordered
her to move back.

Just before Mr. Patriquen was sentenced, Justice Hood warned Ms. Stephen
about her outbursts.

"Your Honour, this is my penalty phase as well," Ms. Stephen cried.

"You will sit down or you will leave," Justice Hood shouted.

Addressing the court, Mr. Patriquen, 49, told the judge: "I accept full
responsibility for my involvement in this illegal but not immoral act."

Mr. Patriquen, who has a lengthy record of drug offences, pleaded guilty in
March to conspiring to possess marijuana in Nova Scotia and conspiring to
traffic in marijuana here and in Newfoundland. The charges resulted from
incidents in 1999 and 2000.

Mr. Patriquen suffers chronic neck pain from a 1999 car crash and - armed
with federal licences to grow marijuana and smoke it - inhales up to five
grams of pot daily for pain.

Justice Hood ruled an application by Mr. Patriquen, who claimed his charter
rights are being infringed upon by the government's failure to provide a
safe and legal supply of medicinal marijuana, is a matter to be heard in a
civil court.

The judge said if Mr. Patriquen does not receive proper medical attention
in prison, he can pursue the Correctional Service of Canada in the Federal
Court of Canada.

Mr. Patriquen told the court the recommendation was ridiculous, since the
correctional service has no supply of marijuana it can give to prisoners,
even if they have exemptions or medical prescriptions for the drug.

"I have been subjected to cruel and unusual punishment at your hand," he
said to Justice Hood.

The six-year term was a joint recommendation of the Crown and defence.

Last week, the defence had asked that sentencing be adjourned until Mr.
Patriquen received permission to take his medicinal marijuana to jail.

In dismissing the application, Justice Hood agreed with the Crown that the
defence request was premature and that Mr. Patriquen should wait until the
correctional service rules on his right to smoke marijuana.

"The action which may infringe Mr. Patriquen's charter rights has not
occurred," Justice Hood said. "It is speculative to say that the government
of Canada will violate his charter rights."

The correctional service may not be able to help Mr. Patriquen's plight.

While Health Canada has approved marijuana for medicinal purposes, the
department has yet to find a legal source through which to buy the drug.

"Therefore, even if it's prescribed, the Correctional Service of Canada
cannot at this time purchase the drug," Chantal Albert, regional
spokeswoman for the service, said Tuesday.

"In other words, the Correctional Service of Canada will not obtain drugs
illegally."

The correctional service has no other federal inmates with marijuana
exemptions.

Once he's transferred to prison, Mr. Patriquen will be seen within 24 hours
for his immediate medical needs, Ms. Albert said.

Mr. Patriquen's case is unusual because medicinal marijuana regulations are
new within the last year or so.

"This is only just the first, second or third case that has actually gotten
to this stage of sentencing," Crown attorney Monica McQueen told reporters.

Mr. Patriquen was charged in a sophisticated marijuana operation discovered
after the RCMP investigated a group of about six people in Nova Scotia and
Newfoundland over several months.

In March 1999, police installed a tracking device in his car and discovered
a hidden compartment containing $26,000.

A month later, Mr. Patriquen met some of the co-conspirators. When he
returned to Halifax from Newfoundland by plane, RCMP found about $100,000
in his suitcase. The money was not seized.

In May 1999, police found another $35,000 in one of Mr. Patriquen's bags.

He was finally charged in 2000 after hundreds of pot plants were seized
from the homes of co-conspirators and $13,380 was seized from his house.

Mr. Patriquen and Ms. Stephen also face proceeds-of-crime charges.