KRIEGER OFF TO JAIL - PENDING POT PROBLEM SOLUTION

Marijuana crusader and medicinal pot user Grant Krieger must serve
time behind bars for trafficking in the drug, a judge ruled today.

But provincial court Judge William Pepler delayed the start of
Krieger's four-month sentence so provincial corrections officials can
make arrangements for him to have his dope in jail.

Pepler agreed with Crown prosecutor Scott Couper a term of
incarceration was warranted, even though Krieger peddled marijuana for
altruistic reasons.

Krieger, 52, who suffers from multiple sclerosis, was convicted last
September, of two charges of trafficking cannabis.

Pepler rejected defence lawyer John Hooker's argument the charges
against his client were unconstitutional.

In each case Krieger sent quantities of the drug by courier to a
Manitoban who required pot for medicinal purposes.

The Calgary area resident sent 306.5 grams on Dec. 23, 2003, and
another 495 grams on Jan. 8, 2004, as part of his work with the
Compassion Club and the Krieger foundation.

The street value of the drugs if sold at the gram level was about
$8,000.

Hooker had sought a fine, arguing Krieger's crimes weren't for
commercial gain.

But Pepler agreed with Couper's assertion jail was warranted, even
though he had concerns about Krieger's ability to access marijuana
while behind bars.

Couper told the judge the provincial government has not yet made
provisions to allow prisoners with constitutional exemptions to the
pot law access to the drug.

Krieger was granted an exemption to grow his own pot after Alberta
courts ruled there was no other way he could get the drug he was
permitted to use for medicinal purposes.

"The provincial corrections people essentially won't allow him to have
marijuana inside the institution," Couper said outside court, in
explaining the delay in sending Krieger to custody.

"He delayed the sentence to allow the provincial corrections people to
sort it out."

The matter will be brought back to court June 18, to determine of the
problem has been resolved by then.

Krieger can commence his jail term in the meantime if corrections
officials find a way to allow him access to pot, which relives
symptoms of his MS.