JUDGE REJECTS MEDICINAL POT CLAIM

A judge didn't buy a Portage la Prairie man's argument he needs to
use marijuana to ease his unbearable pain, the result of a
work-related accident.

Judge John Guy convicted Kenneth James Miller, 41, of possession of
the illegal drug despite his claim the marijuana and drug-related
paraphernalia RCMP seized during a raid on his home three years ago
was for medicinal purposes.

"Simply put, you have nothing to show that you have been granted a
government exemption from being prosecuted for marijuana possession,
do you?" Guy asked Miller, when he took the stand at his trial in
Portage provincial court yesterday.

Miller was charged with possession of marijuana for the purpose of
trafficking following the police search on May 13, 1999.

Miller, who represented himself in court, told the judge he did not
have special permission to use marijuana for medical treatment.

"But I have the papers to show that I've tried to get one," he added,
producing a copy of an application form he sent to the federal
government in January of 2001.

"In this case, trying isn't good enough," responded Guy, pointing out
the Portage man received no legal documentation over the past 16
months to back up his argument he smoked pot for medical reasons.
"The law is clear when it comes to matters like this. If you don't
have the necessary papers to show you're exempted, then you can be
convicted of possession."

During the trial, federal Crown attorney Mike Law presented evidence
local RCMP officers obtained during the 1999 drug bust.

Law argued the evidence showed Miller was a small-time street dealer
who sold marijuana to support his own drug habit.

RCMP Cpl. Sandy Ferguson testified six items, including a total of 63
grams of marijuana, a scale and $385 in cash, were seized from
Miller's home on Eighth Street N.W. Court was told the warrant was
issued after the RCMP received a tip Miller was dealing drugs.

Law also brought in an expert on drug trafficking who testified the
items found in the home were consistent with small trafficking
operations found throughout Manitoba. "In my opinion, the evidence is
consistent with that of a street level trafficker of marijuana," said
RCMP Const. Kevin Lamontagne, who's spent the past nine years working
in the force's drug section in Winnipeg.

Several times during the Mountie's testimony, Miller interrupted to
claim he was not a drug dealer.

"I don't sell pot. I don't traffic. I have no intention of
trafficking. I use the marijuana to take away the pain I suffer from
every day as a result of a railway tie falling on my head. It's the
only thing I can take,"

Miller said before breaking down in tears.

He told court he was injured in August of 1987 while working for
Canadian National Railway.

He said the incident left him with spinal and neck injuries. Miller
claimed doctors have told him no medicine will cure his pain.

The judge said despite whatever empathy he might have for Miller, he
was required to follow the law.

"I accept that you have injuries. I can even accept you may need
marijuana. The fact is on May 13, 1999, you didn't have a medical
exemption to use marijuana. I must base my decision on that fact,"
said Guy.

At the same time, the judge said Miller's testimony raised some doubt
as to whether he was selling drugs.

As a result, he acquitted him on the drug trafficking charge.

Before fining Miller $300, the judge issued a stern warning.

"If you continue on this path of illegal behaviour, the courts are
eventually going to send you to jail. I'd advise you to seek an
exemption immediately if you don't want that to happen. But it's a
decision only you can make," said Guy.