N.S. MAN SEEKS RIGHT TO MARIJUANA BEHIND BARS

HALIFAX -- A Halifax man who is facing several years in prison for
possessing and trafficking in marijuana is demanding that the federal
government provide the drug to him as pain relief behind bars.

Mike Patriquen, who was arrested in 1999, says he should not be sentenced
to federal jail until the Correctional Service of Canada comes up with a
marijuana supply.

He said outside a Nova Scotia Supreme Court hearing yesterday that three
doctors say that he requires marijuana to alleviate pain in his neck and
back from a car accident three years ago.

Mr. Patriquen, 49, a well-known activist for the legalization and medical
use of marijuana, is facing several years in jail for his role in a scheme
to grow and sell marijuana in Newfoundland and Nova Scotia.

But he said he should not start serving that time until the correctional
service can assure him that he'll be able to obtain marijuana.

In July, Mr. Patriquen obtained two federal exemptions allowing him to
grow, possess and use marijuana for medicinal purposes. He said other
pain-killing drugs failed to provide relief.

Mr. Patriquen is one of more than 800 Canadians to hold such permits, but
is believed to be the first person to claim the right to use medical
marijuana behind bars. His lawyer, Warren Zimmer, argued yesterday that
sentencing should be adjourned to allow a hearing on whether the Charter of
Rights and Freedoms guarantees Mr. Patriquen the right to use marijuana in
prison.

Crown prosecutor James Martin said the correctional service should be
allowed to develop its own rules on marijuana use and that Mr. Patriquen's
appeal is only delaying sentencing. He added Mr. Patriquen should wait
until he is sentenced to challenge an institution's rules about access to
marijuana.

Madam Justice Suzanne Hood will rule on the case Sept. 10.