GROWER CONVINCES COURT IT'S NOT FOR PROFIT

A Whiskey Creek man who admits to using marijuana for medicinal purposes
escaped a jail sentence for his second conviction on production charges
Wednesday.

Though federal Crown David Lobay asked for a six-month jail term, Judge
Eldon Iverson granted the six-month conditional sentence suggested by Ron
Ham's lawyer, Alan Short.

"In essence, [Ham] is almost a conscientious objector, your honor," Short
said. "He does not do this for profit."

Oceanside RCMP searched Ham's home on March 29, discovering a marijuana
grow operation producing healthy, highly productive plants, Lobay said.

Police found both a clone starter room containing 12 10-inch-high plants,
and a budding room that housed 12 six-foot-high plants. While searching the
kitchen, they found two baggies containing about 145 grams of harvested
marijuana.

In 1998, Ham pleaded guilty to a production charge and paid a $1,500 fine.
"Mr. Ham has to be aware that this is not a game," said Lobay, telling
Iverson the accused should realize a jail term for a second offence is "the
cost of doing business."

In Ham's defence, Short handed Iverson his client's membership in a local
compassion club, which sells marijuana to people for medicinal purposes.
"My client is well aware of the debate with regard to criminalization and
decriminalization [of marijuana]," said Short, describing Ham as an
intelligent and articulate person.

He told Iverson Ham did not have a special permit to grow marijuana, but
has been an active lobbyist, urging the government to take a position on
decriminalization.

Short said Ham admits he "flew in the face of the law" by continuing to
produce marijuana after his 1998 conviction, and has now decided he must
stop producing the drug and simply act as a spokesperson for its
decriminalization.

"In the climate that we're in ... he should not be jailed," said Short.
Before Iverson passed sentence, Lobay questioned the lack of medical
evidence about why Mr. Ham belongs to a compassion club.

In response, Short said he felt submitting Ham's membership card was
sufficient, and he was uncomfortable revealing personal details in a public
setting.

Iverson ordered a brief break so Short and Lobay could discuss the issue.
When court reconvened, Lobay said there was no need to publicize the
medical condition, but asked for a period of house arrest and random police
checks if Iverson chose the conditional sentence over a jail term.

Iverson did not impose house arrest, but did order Ham to allow monthly
police searches of his home. Ham must also forfeit everything police seized
in their search of his home, and may not use drugs or alcohol while serving
his sentence.

He is not allowed to own or possess firearms, prohibited weapons or
ammunition for the next 10 years.

"In most cases ... this court would be sending you to jail," said Iverson,
adding the court does not condone the use of marijuana but in this case,
accepts Ham was not growing the drug for profit.