cannabisnews.com: Calgary Pot Case Legal Test





Calgary Pot Case Legal Test
Posted by CN Staff on December 01, 2003 at 19:31:12 PT
By Dawn Walton
Source: Globe and Mail 
Calgary — A Calgary man charged with drug trafficking admits to growing and supplying marijuana to the ill because there was no legal source for the medicinal substance, his lawyer said Monday during the first day of the trial.Grant Krieger, 49, was charged with possessing marijuana for the purpose of trafficking in connection with a raid on his house in 1999 during which 29 cannabis plants were seized.
His lawyer, Adriano Iovinelli, told the judge and jury at Alberta Court of Queen's Bench that his client was growing the plants in order to distribute them to people who suffer from Lou Gehrig's Disease, terminal cancer and HIV/AIDS as part of his non-profit organization.“This case is about setting up a compassion club,” Mr. Iovinelli told the court at the start of what's expected to be a three-day trial.Mr. Iovinelli told the five-man, 7-woman jury that while Canada provides exemption permits for possession of marijuana at the time Mr. Krieger was charged, there was no way to get prescriptions.“The only thing you could do with the card was buy from a street level vendor, a criminal,” said Mr. Iovinelli.Police knew about Mr. Krieger's plan to set up a marijuana grow operation, he added, but only busted it when police visited the home on another matter.Courts across the country have been grappling with how to interpret Canada's drug laws while Ottawa allows access to medicinal pot and has attempted to provide a legal supply.In October, the Ontario Court of Appeal ruled that the ill could grow their own supply or obtain it from designated growers. The decision opens the door to large-scale, private cultivation to offer pain relief to many people, effectively ending the federal government's controversial grow operation in Flin Flon, Man.At Mr. Krieger's trial, Crown Prosecutor Scott Couper told the court that he would present a drug trafficking case that is “simple and straightforward.” He said four police officers and a grow operation expert will testify, but he did not mention the political aspects of the case.Monday, the court heard from members of Calgary's Police Service about the marijuana-growing operation discovered in Mr. Krieger's house and his attitude upon arrest.Constable Christian Vermette told the court that while police executed outstanding warrants against Mr. Krieger for breach of probation, he was cooperative and informative.Mr. Krieger told officers he grows cannabis for himself to help ease the symptoms of multiple sclerosis. Mr. Krieger held a permit for personal possession of marijuana at the time of his arrest.“He also stated this was a political issue,” Constable Vermette said, “… If we, the police, took his plants the media would be notified.” From Tuesday's Globe and Mail Source: Globe and Mail (Canada)Author: Dawn WaltonPublished: Monday, December 1, 2003 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmMedical Marijuana Crusader Wins Partial Victoryhttp://cannabisnews.com/news/thread14898.shtmlPot Ruling Not High on Activist's Wish List http://cannabisnews.com/news/thread13459.shtmlUsing Marijuana To Alleviate Pain Hardly Criminal http://cannabisnews.com/news/thread12985.shtml
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