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Medical Pot Laws 'Impossible', Court Told
Daryl Slade | Ottawa Citizen | 07/06/2006

CALGARY -- The government provides a legal method for a person to grow and possess marijuana for personal medical reasons, but makes it "almost impossible" to do so, a lawyer argued on Wednesday.

John Hooker, counsel for longtime Calgary pot crusader Grant Krieger, told provincial court Judge William Pepler that it is similar to the abortion issue, in which the government permits women to legally have abortions, then puts so many hurdles in place.

"Very few doctors will sign certificates for persons to be allowed to possess and use marijuana," said Hooker. "So it is unfair to convict people in such a case as this."

Krieger, 52, is bidding to have the judge stay two counts of trafficking in marijuana. The charges stem from packages destined for ill fellow users in Manitoba but intercepted by courier companies on Dec. 23, 2003, and Jan. 8, 2004.

Krieger freely admitted he is supplying more than 400 people in at least three provinces, all of whom cannot get doctor-backed exemptions and have no legal source of the drug.

Crown prosecutor Scott Couper says having physicians participate in the application process is appropriate, given that marijuana is largely an unproven drug in medical use and is controlled.

"Doctors know the patient and the process," said Couper.

Both lawyers will submit detailed written arguments to the judge well in advance of oral arguments on Sept. 25.

Krieger, who has progressive multiple sclerosis, says he is only distributing marijuana to others in need of alleviating chronic pain and suffering from AIDS, HIV, cancer, MS and other crippling illnesses.

He has never applied for an exemption under the Marijuana Medical Access Regulations to grow and possess marijuana for his own use, but was given a one-year judicial exemption following a court case in 2000. It was subsequently made indefinite by the Alberta Court of Appeal.

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