cannabisnews.com: Pained Pot Activist Wants His Marijuana in Prison Pained Pot Activist Wants His Marijuana in Prison Posted by CN Staff on May 07, 2003 at 09:20:41 PT By Neal Hall, Vancouver Sun Source: Vancouver Sun Michael Patriquen may be in a jail cell, but he believes he still has the right to eat marijuana cookies there to ease the pain of injuries he suffered in a car accident four years ago.While Patriquen is in jail in New Brunswick, his case has been taken up by B.C. lawyer John Conroy, who specializes in marijuana law and prison reform. Conroy filed an application in federal court in Vancouver last week seeking to compel federal Health Minister Anne McLellan to provide prison officials with an adequate supply of marijuana to provide Patriquen with pain relief.Patriquen, a 49-year-old pot activist who founded the Nova Scotia Marijuana Party, has a Health Canada exemption allowing him to possess marijuana to alleviate the pain stemming from injuries received in a motor vehicle accident four years ago.Since September, he has been in the minimum-security Westmorland federal prison in New Brunswick, serving a six-year sentence for marijuana trafficking and cultivation.Patriquen claims his constitutional right to obtain his medicinal marijuana is being violated by the Correctional Service of Canada, the National Parole Board and McLellan. His legal action states that he should be released from prison if he is not provided with medicinal marijuana."I am not asking to grow my own cannabis (marijuana) in the institution or to smoke it ... only to access it as a medicine through health care in the same fashion as other prisoners access methadone or other more significant side effect type medications," says Patriquen's affidavit, which was filed in federal court in Vancouver by Conroy."He just wants to be able to have a marijuana cookie and a glass of milk," said Conroy of his client.Currently, the government does not provide medicinal marijuana to people who have exemptions to possess and grow marijuana for treatment of their pain and illness. In March, federal Solicitor- General Wayne Easter, commenting on the Patriquen case, said the government is opposed to the use of medicinal marijuana in prisons. Complete Title: Pained Pot Activist Just Wants His Milk and Marijuana in Prison Snipped: Complete Article: http://www.freedomtoexhale.com/patriquen.htm Source: Vancouver Sun (CN BC)Author: Neal Hall, Vancouver Sun Published: Wednesday, May 07, 2003Copyright: 2003 Vancouver Sun Contact: sunletters pacpress.southam.caWebsite: http://www.canada.com/vancouver/vancouversun/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmLocked Away in Pain http://cannabisnews.com/news/thread16058.shtmlMarijuana in Jail? Never! http://cannabisnews.com/news/thread15774.shtmlPot Appeal Dropped in N.S. Courts http://cannabisnews.com/news/thread15706.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on May 07, 2003 at 22:06:30 PT herbdoc215 Thank you for all your hard work. I wish you the very best.PS: It took me awhile until I figured out what time and x were! I'm very slow. duh! [ Post Comment ] Comment #4 posted by herbdoc215 on May 07, 2003 at 21:52:44 PT The "times" part was not written by me... but ameded in at the last minute by an attorney who is not down with botanical nuances of nonmemclature and was dictated by me over the phone in alot of haste to be ontime for court....but the point is the same, that the strains of cannabis being grown in Flin Flon come from the same stock we all know and love...plus never forget that while I may know some about plants I am still a "Hillbilly" first and foremost and I can only learn so much:)...I'll try to proof-read a little closer in the future and it's a good point that you bring up. Peace, Steve Tuck [ Post Comment ] Comment #3 posted by Max Flowers on May 07, 2003 at 18:19:42 PT Go Steve! But jeez it's not "times" Good luck next week!One thing though, I don't get why when talking about strains that are a cross some people say "times" when the term is "crossed with." When you create a hybrid, you are not multiplying one strain with another. The "x" means "cross" as in hybrid not "times" as in a math equation. It strikes me as embarrassingly unscientific when we are trying to be lucid and accurate whenever we talk about cannabis as a medicine. Now I see the error in a court document?Never give them anything they can point to as stoned or lazy behavior!!cheers MF [ Post Comment ] Comment #2 posted by Ethan Russo MD on May 07, 2003 at 12:06:03 PT: Thanks, Steve It is great that you have submitted this affidavit. Everyone does what they can. I can now say that I submitted a detailed affidavit countering the government's position in the Canadian Supreme Court case heard yesterday. We can only hope that the courts will read and consider these opinions from 3rd parties. [ Post Comment ] Comment #1 posted by herbdoc215 on May 07, 2003 at 11:31:51 PT Just thought you might want to see whole brief I spent alot of time working upon this and pray it helps this man get his medicine before they let him die...the truth is going to come out soon... my refugee case is next week. Peace, Steve Tuck FILE NO. VANCOUVER REGISTRY FEDERAL COURT – TRIAL DIVISION BETWEEN MICHAEL PATRIQUENAPPLICANT AND: LUCIE McLUNG, THE COMMISSIONER OF CORRECTIONS OF THE CORRECTIONAL SERVICE OF CANADA REMI GOBEIL, THE DEPUTY COMMISSIONER OF CORRECTIONS (ATLANTIC), MICHAEL CORBETT, INSTITUTIONAL HEAD OF WESTMORLAND INSTITUTION DR. CHRISTOPHER LEVESQUE in his capacity as INSTITUTIONAL PHYSICIAN, WESTMORLAND INSTITUTION THE HONOURABLE ANNE McLELLAN, MINISTER OF HEALTH IAN GLENN, CHAIRPERSON,THE NATIONAL PAROLE BOARD RESPONDENTSAFFIDAVIT OF STEVEN WILLIAM TUCKI, Steven William Tuck, Consultant, of Apartment xxx – xxxx Howe Street in the City of Vancouver in the Province of British Columbia MAKE OATH AND SAY AS FOLLOWS:1. That I was the founder in 1998 and co-director and of the Humboldt Research Institute, in the City of Arcata in the State of California, USA, and I was a founding member and continue as a member of the Board of Directors of the Humboldt Medical Cannabis Centre (founded in 1997), also in Arcata, California, USA, as well I am a member of the Board of Directors of the British Columbia Compassion Club Society, of 2995 Commercial Drive in the City of Vancouver, B.C. and as such I have personal knowledge of the matters and facts hereinafter deposed to save and except where they are stated to be made upon information and belief in which case I verily believe them to be true.2. At the Humboldt Research Institute, I was the Director of Research and Development and initially worked in conjunction with Dr.Todd Mikuriya and the City of Arcata and its Chief of Police Mel Brown as well as the State health facilities in that county and we researched the medical uses of cannabis and the cultivation of cannabis plants used for that purpose. On weekends, we would be assisted by Dr.Samuel Rubin, the Institutional physician at Pelican Bay State penitentiary, who would attend and see patients and assist with research.3. The Humboldt Research Institute had over 3300 registered and card carrying members who were supplied on a regular basis with medicinal Cannabis (marijuana), and The Humboldt Medical Cannabis Centre had over 5000 physician referred patient/members who were similarly being supplied with cannabis (marijuana) for medical reasons.4. That I obtained a Bachelor of Science degree in Environmental Sciences from Western Kentucky University (WKU) in 1993 , an honours Bachelor of Science degree in Botany from WKU in 1994, a Master of Science degree from Kings College, Cambridge in 1995, and have been involved in post graduate studies at Oxford University (1996), the University of Edinburgh, Scotland (1997), Humboldt State University, California (1997), and the CEDRO at the University of Amsterdam (1997). Much of my academic work has related to cannabis (marijuana).5. I am also a medical cannabis user/patient as a result of life-threatening injuries sustained by me while serving in the United States military in a foreign country. I was involved in a parachute accident in Honduras in 1987 that drove my leg up into my body and broke my spine and caused me to suffer a brain injury. I have had 18 spinal fusion operations to my spine since that time. My need for cannabis derives from the terrible pain I experience daily and other problems associated with my spinal cord and brain injuries and subsequent surgeries. Consequently, I have sought to determine which strains of cannabis best alleviate various types of pain and/or other symptoms.6. Because of my need for medical cannabis and my involvement in supplying cannabis to other patients in the USA, and the political developments in that country in relation to the supply and use of marijuana for medical purposes, I was eventually forced to seek asylum in Canada, and I expect that my refugee claim will be heard in May of this year. Because I had to flee from the United States I came to Canada and as a result have become very knowledgeable about the medical cannabis program in Canada.7. Before I fled to Canada I was contacted in early 2001 by Mark Heatherington the Vice President in charge of production for Prairie Plant Systems (PPS) who informed me and I verily believe it to be true that he had been referred to me by some of my associates in Amsterdam as a person who might be able to assist him and his company as they had recently been awarded a contract by the Canadian federal government (Health Canada) to grow cannabis (marijuana) that at that time was apparently to be used to supply patients approved by the Canadian government to use medical marijuana for medical purposes. Mr.Heatherington informed me that they were having problems obtaining cannabis seed as two previous shipments from the National Institute for Drug Abuse (NIDA) in the USA had been held up and disallowed entry into Canada and similar problems were being experienced with a third shipment. I told him about my legal problems in California and we discussed my being in contact with Dr.Ernie Small, the Principal Research Scientist with Agriculture Canada as the only person who could arrange for me to bring cannabis seed into Canada for their purposes. Shortly thereafter I started communicating with Dr.Small about the Canadian project and its requirements and problems.8. By the early summer my legal situation had become problematic and I left the USA and fled to Canada in June of 2001. I had visited shortly before then and had brought with me approximately two kilograms of Cannabis seed (15,000 seeds) consisting of 400 different varieties separated by continent of origin. I had contacted Dr.Small and offered to give these seeds to the Canadian program and ultimately I donated these seeds, to Health Canada for use by Prairie Plant Systems (PPS) in Flin Flon, Manitoba, under their contract to provide Health Canada with medical cannabis, which is apparently being grown in an abandoned mine near that location and now produced and marked exhibit “A” to this my affidavit is a copy of an email response from Dr.Small to my offer regarding the seed donation.9. My donation was accepted by health Canada and some of these seeds were the source of the first successful crop harvested by PPS in 2001. Dr.Small has retained those seeds not provided to PPS. Subsequent to that donation I spent many hours consulting for Prairie Plant Systems and Health Canada and specifically with Dr.Small and Mr.Heatherington. I also have first person knowledge that PPS has worked the variability aspect out of the production question with the use of 3 standardized strains (Blueberry, Northern haze times 5 and GC Chronic) that have been produced in harvest B and C by PPS in Manitoba, in the mine under very strictly controlled conditions. I also verify that this medicine would pass any quality test that we would use at any Compassion Centre that I have ever been a part of.10. The first PPS crop of 74 kilograms, delivered in December of 2001, contained 185 different varieties that I gave them. Unfortunately, Health Canada chose to use this wide variety of plants as an excuse not to use the resulting crop, and at one point, they even said they were going to burn it. Subsequently, they have announced publicly that it will be used for research purposes. Consequently I believe that that crop is currently being stored by Health Canada.11. In December of 2002, Prairie Plant Systems delivered a second crop of 200 kilograms based on the two best strains (blueberry and Northern Haze times 5) from the first crop plus known quantities of a third strain (GC Chronic) which was also to serve as a back-up for the other two. I believe these crops are also in storage and thus, Health Canada has available to it a wide variety of medical grade cannabis suitable for use by patients, including an official exemptee such as Mr.Patriquen.12. That as my own legal profile has escalated in Canada I have had less and less contact with Dr.Small and Mr.Heatherington and my last contact with them was in January of 2003 when I was informed that Health Canada now has obtained access to some seed from NIDA in the USA.13. That I am familiar with the circumstances of Michael Patriquen having been informed of the details of his case by his counsel, Mr. John W. Conroy, Q.C. which I verily believe to be true and I have also read about his suffering in the media including in particular the newspapers and on the internet.14. That I understand that Michael Patriquen, who also suffers from spinal cord injuries, and other nueropathic pain, would benefit from medical cannabis, and his use of cannabis grown by PPS in Flin Flon, Manitoba could also constitute a useful N of 1 (single subject) research study to determine which of the strains grown by PPS for Health Canada might work best to alleviate his pain.15. However, if the federal government and in particular Health Canada is not prepared to provide the representatives of the Correctional Service of Canada at Westmorland Institution in the Province of New Brunswick with an adequate supply of Cannabis (marijuana) from its supply through Prairie Plant Systems Inc. then the British Columbia Compassion Club Society is prepared to either be exempted under s. 56 of the Controlled Drugs and Substances Act or licensed under the Narcotic Control Regulations pursuant to the Controlled Drugs and Substances Act to enable the Society to lawfully supply Mr. Patriquen with an adequate supply of baked goods for his consumption through the Health Care Department or Institutional Physician at Westmorland Institution in the Province of New Brunswick. Further, if the federal government is not prepared to do so, the B.C. Compassion Club Society is nevertheless prepared to make that supply available to Mr. Patriquen if the Court grants the Society a Constitutional Exemption for the purposes of so doing.16. That I swear this Affidavit in support of the Application of Michael Patriquen for judicial review by way of relief in the nature of prohibition and an appropriate and just remedy under s.24 (1) of the Canadian Charter of Rights and Freedoms to prevent the respondents from continuing to violate his constitutional rights under s.7 of the Canadian Charter of Rights and Freedoms and for the past violation of his rights and for relief in the nature of Mandamus and an appropriate and just remedy under s.24(1) of the Charter to compel the respondents to provide him with the essential health care that he requires or in the alternative with reasonable access to the health care that he requires in accordance with the Corrections and Conditional Release Act and for an appropriate and just remedy pursuant to s.24(1) of the Charter to compel the Respondent Minister of Health to provide him with an adequate supply of Cannabis (marijuana) or to exempt or license the British Columbia Compassion Club Society to enable the Society to provide Mr. Patriquen with a supply of Cannabis (marijuana) or for the Court to constitutionally exempt the Society accordingly. SWORN BEFORE ME at the City of ) Vancouver, in the Province of ) British Columbia, this _____day of ) April, 2003 ) ) Steven William Tuck ) ) A Commissioner for Taking Affidavits ) within British Columbia ) ore they let him die... [ Post Comment ] Post Comment