cannabisnews.com: Medical Marijuana Crusader Wins Partial Victory





Medical Marijuana Crusader Wins Partial Victory
Posted by CN Staff on December 05, 2002 at 07:47:47 PT
By The Canadian Press
Source: Canadian Press 
Calgary -- Pot crusader Grant Krieger won a partial, but significant victory Wednesday in a federal Crown appeal of his right to grow and use marijuana for medical purposes. The Alberta Court of Appeal upheld a lower court ruling that said it was unconstitutional for the federal government to prevent Krieger from being able to obtain the illicit drug to alleviate pain caused by his multiple sclerosis.
"We agree with the trial judge that there is no legal forum of marijuana for the accused," Justice Peter Costigan said in speaking for fellow appeal court justices Neil Wittmann and Sal LoVecchio. "There is no evidence how it could be supplied, even if he had a Section 56 (federal government) exemption." Krieger's lawyer Adriano Iovinelli said outside court it was an important decision that permits his client to continue to cultivate and use marijuana for his own use to alleviate chronic pain. In her ruling two years ago, Queen's Bench Justice Darlene Acton gave the federal government one year to provide a source of marijuana for people who require it for health reasons. The Alberta Court of Appeal last year extended that stay indefinitely, until there is an application to the courts to remove it. However, Krieger lost one aspect of Wednesday's ruling. The appeal court also ruled the trial judge had wrongly instructed the jury in the defence of necessity for having the drug, and quashed Krieger's acquittal on possessing marijuana for the purpose of trafficking. Krieger, 48, who has admittedly supplied others who say they require the drug for health reasons, will have to go back to court Feb. 12 to have a new trial date set on that charge. "As far as I'm concerned there are no pot laws in this province," Krieger boldly declared outside court. "I'm ready to go in front of another jury for trafficking. "The defence of necessity stands." Crown lawyers declined to comment on the court rulings. Iovinelli said, as it stands, it is status quo on Krieger's charter exemption. "The stay continues and it's a benefit to my client that nothing happens, because he has a charter exemption to cultivate and possess marijuana." Complete Title: Calgary Medical Marijuana Crusader Wins Partial Victory in Appeal CourtSource: Canadian PressPublished: December 4, 2002 Copyright: 2002 The Canadian PressRelated Articles & Web Sites:Grant W. Krieger Cannabis Research http://gwkcannabisresearch.org/Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmPot Ruling Not High on Activist's Wish List http://cannabisnews.com/news/thread13459.shtmlPot Crusader Faces New Chargehttp://cannabisnews.com/news/thread12943.shtml 
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