MARIJUANA EXEMPTEES WAIT SEVEN HOURS BEFORE JUDGE TURNS DOWN REQUEST

Three Ontario men who have legal exemptions to smoke marijuana for medical
purposes waited seven hours to appear in Cobourg court, only to have the
judge turn them away.

Marc Paquette, a resident of Hawkesbury, travelled to Cobourg January 7
with Don Appleby, of Vanier, and Robert Neron, who lives in Hearst, to
claim 12 kilos of marijuana seized in a local police raid last year. The
marijuana was legally grown at a Cramahe Township residence as medicine for
them, they said.

Combined Drug Squad officers raided the Dundonald residence of Dianne Bruce
on October 19, seizing an estimated 18 kilos of harvested marijuana. Bruce
was arrested and spent nine days in custody before being released on a surety.

At the time of her arrest, Bruce was growing medical marijuana for 56
people exempted from prosecution for possessing the herb, under authority
of Section 56 of Canada's Controlled Drugs and Substances Act (CDSA). Those
"exemptees" included Paquette, Neron and Appleby.

Both Bruce and Hughey return to court February 6 to face nine drug-related
charges, including possession of a controlled substance, and production of
a controlled substance for the purpose of trafficking.

Arriving at Cobourg's Victoria Hall at 10 a.m. to present a legal motion to
have their medicine returned, the three sick individuals were made to wait
seven hours before appearing before Provincial Justice Rhys Morgan. When
court recessed for lunch at noon, a clerk told John Turmell, an advocate
for the exemptees, that they could not be given an exact time for the hearing.

"She said it was at the discretion of the Crown Attorney," Turmell said.
"That could mean any time he feels like it."

Finally appearing in an empty courtroom at 5 p.m., the petitioners barely
had time to plea before being turned down by Justice Morgan.

While expressing "the utmost sympathy" that Paquette and the other
exemptees had lost their medicine as a result of the raid, Morgan accepted
the Crown's argument that under Subsections 24(2) and 24(3) of the CDSA,
seized marijuana must be kept until no longer needed for evidence at trial.
They must wait until Bruce's preliminary hearing is finished, and then
reapply to the court at that time, he said.

Morgan questioned Ms. Bruce's authority for growing marijuana for others,
even if those people had a legal exemption to possess it. He also wondered
if his court had the jurisdiction to hear the motion to return seized
marijuana, since it appeared to be a federal matter.

Paquette said the three men had appealed to Federal Court in Ottawa last
year, only to be directed to Cobourg Provincial Court, because "this is the
place where the marijuana was seized."

"We are very sick people. We just want our medication back," Paquette said.

Paquette appeared before Justice Morgan with his ever-present cane. He
suffers from Hepatitis C, and several other debilitating illnesses that
make it difficult for him to walk, sit or stand for long periods of time.

Neron, whose problems include a fused neck, and muscle spasms that threaten
to choke off his air supply, said using marijuana minimises the cramps. It
allowed him to deal with the pain without resorting to more powerful,
conventional medication.

"I am using heroin patches by the box when I can't get the medicine of my
choice," he told The Independent. "Ever since Dianne was busted, I have to
get my marijuana from the street -- where else?"

Neron told Justice Morgan, "Do something for us. You have the power to do
something for us."

Appleby, a quiet middle-aged man who suffers with AIDS, said outside the
proceedings that rules take precedence over rights.

"We are the victims. We are dying, and the courts are more interested in
following rules than doing what is right for sick people," he said.

"I am very angry with the (federal) government, because they force us to go
to organised crime to buy our medicine," Paquette said. "We are in danger
every time we buy from the street, but what choice have they left us."

Outside the courtroom, Tim Carrierre joined fellow exemptees who carried
signs stating, "Bad Laws = Bad Cops. Stop Busting Sick People."

Carrierre is a former Canadian Forces soldier who suffers from Gulf War
Syndrome, tumors and lesions, and crippling osteoarthritis. A Port Hope
resident, he has been waiting to go to trial since his arrest for simple
possession of marijuana in February 2001.

"There is no justice in our court system," he said. "I've been dragged
through the courts for almost a year, just because someone told the cops I
was using my medicine."