cannabisnews.com: Medicinal Marijuana Ruling Expected Today





Medicinal Marijuana Ruling Expected Today
Posted by FoM on December 11, 2000 at 08:05:34 PT
By Adrian Humphreys
Source: National Post 
Grant Krieger, who eats marijuana to ease his multiple sclerosis, launched a constitutional challenge to have criminal charges dismissed.An Alberta court is expected to decide today if a man suffering a debilitating disorder has the right to grow marijuana for medicinal purposes and sell the drug to others claiming a similar need.
The case of Grant Krieger, 46, a Calgary man with multiple sclerosis, is the latest in a series of Canadian court challenges aimed at eroding legal restrictions on the drug, which has been shown to have medical benefits for some illnesses.A decision in his favour could force the federal government to rework Criminal Code of Canada provisions regarding drug trafficking and possession, said Adriano Iovinelli, Mr. Krieger's lawyer.Mr. Krieger's case centres on challenging criminal charges laid against him after police raided his home in August, 1999, and seized more than 10 pounds of marijuana.The drug was destined for personal use and for sale to a select list of people who are suffering from terminal or chronic conditions, said Mr. Krieger.He is making a constitutional challenge to have his pending charges of cultivating, manufacturing and distributing marijuana dismissed.After his arrest, Mr. Krieger spent 16 days in jail. While imprisoned, he had no access to marijuana."I walked into jail and I came out in a wheelchair," he said. "It was enough time to take away my quality of life by forcing me back into a wheelchair because I never had my medicine while in jail."He said he needs to eat marijuana to keep his muscles from severely stiffening.Access to a safe and legal supply of marijuana is at the root of Mr. Krieger's challenge of Canada's drug laws and a growing number of other cases by people suffering terminal or chronic conditions who claim cannabis is the best medicine.Mr. Krieger's case follows the successes of Jim Wakeford, a Toronto social activist who has AIDS, and Terry Parker, a Toronto man with a severe form of epilepsy.Mr. Wakeford said marijuana eases his intense nausea caused by the drugs used to fight his immune deficiency. Mr. Parker argued it is the only substance that dramatically reduces the frequency of his seizures.Both men argued Charter of Rights challenges that the restrictions on the drug violated their rights to life and security. In the two Ontario cases, the courts agreed.In response, the federal government has been issuing special certificates to some terminally ill patients, granting them immunity from prosecution for possessing the drug for personal use.However, that leaves many issues unresolved. Although the patients are able to possess and use the drug, there is no legal source for it in Canada."Right now, they issue a certificate to a person who is terminally ill and somebody in that family has to go and break the law by acquiring the medicine for them, which is entrapment," said Mr. Krieger.In a significant departure from previous cases, this challenge is about expanding the allowances on medicinal marijuana to cover people producing it for others, not just for personal use, said Mr. Iovinelli."Grant Krieger has admittedly opened up a compassion club in Calgary and said, 'Look, if you have a medical need for it, rather than going to the criminal element to get your marijuana, you can come to me and I will supply it for the cost of manufacturing the cannabis,' " he said.Mr. Wakeford, who won the right to personally grow and smoke marijuana in May, 1999, said Mr. Krieger's case is "exciting."The cumulative effect of numerous challenges are slowly showing the government's policies on the drug to be absurd, he said."Allan Rock [the Minister of Health] has been stalling and diddling along with this ... If you waited for the government to help, you'd be dead."Justice Darlene Acton, of the Court of Queen's Bench in Calgary, is expected to deliver her decision on the case this afternoon.If Mr. Krieger loses his bid, his charges will be heard before a judge and jury. Note: Constitutional Challenge: Calgary man with MS wants to grow, distribute cannabis.Source: National Post (Canada)Author: Adrian HumphreysPublished: December 11, 2000Copyright: 2000 Southam Inc.Address: 300 - 1450 Don Mills Road, Don Mills, Ontario M3B 3R5Fax: (416) 442-2209Contact: letters nationalpost.comWebsite: http://www.nationalpost.com/Forum: http://forums.canada.com/~nationalpostRelated Articles & Web Site:Jim Wakeford Medical Marijuana Websitehttp://www.interlog.com/~wakeford/A Harvest and a Celebrationhttp://cannabisnews.com/news/thread7534.shtmlFirst Medical Marijuana Crop Harvestedhttp://cannabisnews.com/news/thread7204.shtmlCrusader Resigns From Compassion Clubhttp://cannabisnews.com/news/4/thread4668.shtml
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Comment #4 posted by Symmetric on December 11, 2000 at 17:27:29 PT:
FoM, here is the link:
http://www.canoe.ca/CNEWSLaw0012/11_judge-cp.html
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Comment #3 posted by FoM on December 11, 2000 at 17:13:48 PT
Symmetric Good News!
Symmetric that is good news. Could you help me find the web site the article is on? I would like to post it but I need a Source. I'll make you the NewsHawk then. I looked and found a small article in the Globe and Mail but that's all so far. I wonder if the National Post will do a follow up tonight?Peace, FoM!
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Comment #2 posted by Symmetric on December 11, 2000 at 16:19:42 PT:
update
Judge suspends pot cultivation lawRejects charge against MS suffererBy CAROL HARRINGTON-- The Canadian PressCALGARY (CP) -- A law that prohibits the cultivation of marijuana is unconstitutional because it doesn't allow for medical use of the drug, an Alberta judge ruled Monday. Justice Darlene Acton threw out a charge of cultivating marijuana against Grant Krieger, who uses pot to offset the effects of multiple sclerosis. "It's a great decision for Grant," said defence lawyer Adriano Iovinelli. "It's another message to the government of Canada that they have to address this issue more thoroughly and Section 56 exemption just doesn't cut it." Section 56 of the Controlled Drugs and Substance Act allows the federal health minister to exempt Canadians from being charged with growing and possessing marijuana for medical use or research. But the problem with the exemption is that there isn't a legal marijuana supply, a fact that "triggers the absurdity," Acton told court. "The irony is that there is no source in Canada for marijuana at this time," she said in her ruling. Acton gave Parliament 12 months to rewrite the drug legislation so that sick patients can get medicinal cannabis. But Iovenelli doubts the government will take a year to rewrite the law, because if it doesn't Acton's ruling means it would then be legal to grow marijuana in Alberta. "I'd be very surprised if the government doesn't react to this," he said. Krieger, 46, was charged with trafficking and cultivating marijuana. He argued the charges should be tossed on the grounds that growing and distributing pot for medicinal use is guaranteed under the charter section that provides for liberty and security. He maintains smoking and eating marijuana helps control his symptoms of multiple sclerosis, a progressive, chronic disease of the nervous system that causes tremors, paralysis and speech defects. Acton did not dismiss trafficking charges against Krieger. He will be arraigned on those next month. Krieger says he doesn't profit from selling marijuana to sick and dying people. His customers, members of his Universal Compassion Club, are required to have letters from their doctors outlining their illnesses. He has been to court more than 30 times in his battle to legally grow, smoke, eat, and supply marijuana for medicinal purposes. In his last court appearance, Krieger was fined $350 after pleading guilty to two charges of violating court orders. He had been ordered to report to a probation officer monthly as part of an 18-month suspended sentence imposed in Regina earlier this year for trafficking. In 1996, Krieger drew international attention when he was arrested in Amsterdam for trying to transport a kilogram of marijuana back to Canada. He was jailed for two weeks in August 1999 when he refused to stop growing and supplying marijuana to ill people. He was fined twice for possession for the purpose of trafficking. Last summer, the Ontario Court of Appeal declared Canada's cannabis law to be unconstitutional and gave Terry Parker the right to ingest marijuana to fight his severe epilepsy. The Toronto man claimed pot eliminated up to 80 weekly seizures. The appeal court said federal law fails to recognize that pot can be used for medicinal purposes by those suffering from chronic illnesses. The court gave Parliament one year to rewrite the drug legislation so that sick patients can get medicinal cannabis. Otherwise, there will no longer be any law prohibiting marijuana possession in Ontario, the judges said. Health Minister Allan Rock has exempted more than 70 ill Canadians from being charged with possessing and growing pot under section 56 of the federal Controlled Drugs and Substance Act. Five applicants for exemption have been rejected. Krieger's son Grant Jr. ran in last month's federal election for the Marijuana party in Calgary Northeast. The 20-year-old Krieger garnered 1,223 votes, just behind the NDP candidate's 1,444 votes. 
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Comment #1 posted by R.earing on December 11, 2000 at 08:17:55 PT:
This guy is a good example.
Grant has been tireless in his fight,while undergoing police attacks,armed robberies,and government enforced torture.The whole time he stayed civil and tried desperately to help any body who asked him. Is this the kind of person we,as a country,want to lock in jail? Consider our Prime minister.He was elected to "Scrap" the hated GST tax,did he do it?NO.He covered up the violent assault on anti-APEC protestors.He arranged illegal government loans to HIS friends to purchase HIS properties at inflated prices.Which one is the honorable man? Grant or Jean?
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