POT CRUSADER GETS JAIL TIME

Judge Seeks Provisions to Allow Man to Smoke Marijuana in the Joint

A city pot crusader and medicinal marijuana user was sentenced
yesterday to four months in jail for trafficking, but the ruling
judge doesn't want him behind bars until Grant Krieger is allowed to
smoke weed while in the joint.

Krieger, 52, who has multiple sclerosis, was previously given a
constitutional exemption allowing him to smoke marijuana for
medicinal purposes, and provincial court Judge William Pepler delayed
the start of his sentence until provisions are made so Krieger can
light up while serving his time.

Krieger was convicted of trafficking charges last September for
sending 306.5 grams of pot on Dec. 23, 2003, and another 495 grams on
Jan. 8, 2004, to a Manitoba resident who needed the marijuana for
medicinal purposes.

He shipped the drugs as part of his work with the Compassion Club and
the Krieger Foundation. The street value of the drugs were estimated
to be worth about $8,000.

While agreeing with crown prosecutor Scott Couper that a jail
sentence was warranted, Pepler acknowledged Krieger has a
constitutional right to have marijuana and that constitutional right
should not be lost.

Pepler also agreed with defence attorney John Hooker that Krieger's
reasons for trafficking the marijuana were altruistic, but the judge
said since Krieger intends to continue his crusade, jail time is the
only answer.

Before being sentenced, Krieger said he will never give up his fight
a cause he's been championing for 12 years -- even if he is sent to jail.

"I just can't stop. I care about people so much, too much almost, but
I do care about people. And I can't stop now because what if someone
dies? Then I am responsible, it's a catch-22," Krieger said.

"The only thing necessary for evil to prevail is when good men do nothing."

Hooker was seeking a fine for Krieger while the crown was looking for
a jail term of four to six months, although Couper took into account
the fact the accused wasn't trafficking the marijuana for financial
gain but to help people.

"Our laws are set up for the government. They aren't set up for the
people. They're allowing the U.S. to influence us with their war on
drugs down there. I wasn't given a jury trial which I had asked for.
Our criminal system is supposed to be running properly," Krieger told
Metro after the sentencing.

Pepler set a date in June to allow corrections officials enough time
to make provisions for Krieger and to allow him to prepare for jail.

If provisions are made for Krieger to smoke marijuana in jail before
that date, he has 48 hours to turn himself in to authorities.

If provisions can't be made by the deadline, there will be another
hearing with Pepler on June 18.