MARIJUANA CASE VICTOR CAN'T GET HIS MEDICINE

TORONTO Despite a judge's ruling, Terry Parker has yet to take a legal
toke because he has no weed and no way to grow it.

"The police wrecked my whole hydroponic outfit," he said Thursday. "I've
got to figure out how to replenish somehow. I'm looking at the whole issue
of growing again."

He said he may go after police in civil court for damages from the July 18,
1996, drug bust.

Judge Patrick Sheppard stayed charges Wednesday of cultivating and
possession against Parker, 42, in a precedentsetting Charter of Rights and
Freedoms case. It was ruled Parker had a medical need to smoke marijuana as
treatment for epilepsy and the best way for him to obtain it was to grow it.

Although Parker has never dealt drugs, Sheppard convicted him of a
trafficking charge because he admitted giving joints to other seizure
sufferers. He was sentenced to one year probation and the two days he has
already served in jail.

Sheppard also ordered police to return three confiscated pot plants, but
Parker isn't holding his breath.

He said he's more concerned that he has been left without his hydroponic
growing system, which can cost up to $1,000. "I'm going to seek
compensation in small claims court or something like that," he said.

Toronto police say it's unlikely Parker will ever see his plants. "We're
not in the business of delivering drugs," Const. Devin Kealey said, adding
he has never heard of a case where police have returned drugs.

"Do you think that just because a judge makes a decision we're going to
start loading up a UHaul van?"

Kealey also said he doubts that Parker's plants even still exist. Usually,
only a small sample of the drugs would be kept as evidence in court and the
rest is destroyed, he said.

"I don't know what we're going to do. Maybe we'll take him (Parker) to a
hemp store and buy him some clothes." But Parker's lawyer, Aaron Harnett,
said the police should return his property as ordered by Sheppard.

UNDER OBLIGATION

"They're under an obligation to retain the properties of any offence," he
said. "They have no reason to destroy it or keep it. Hopefully, they'll
just return it."

A veteran Toronto cop fears the court ruling could make dope smoking seem
more socially acceptable. "It may influence what other people do,
especially the young people," said the officer.

The officer said the ruling won't have much effect on the way he polices
the city "because the legislation is still there. I still have to enforce
the law."

With files from Jonathan Kingstone and Ian Timberlake