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News (Media Awareness Project) - Canada: Pot Smoker To Disregard Sentence
Title:Canada: Pot Smoker To Disregard Sentence
Published On:1999-02-23
Source:Halifax Herald (Canada)
Fetched On:2008-09-06 12:43:10
POT SMOKER TO DISREGARD SENTENCE

Shubenacadie - A terminally ill cancer patient from Hants County says he'll
keep on smoking marijuana to ease the pain of his condition despite a
conviction Monday on drug charges.

Mark Crossley, 38, of Noel, pleaded guilty in Shubenacadie provincial court
to growing marijuana for personal use. He was handed a four-month sentence
to be served at home, followed by 18 months of probation.

The Crown dropped an additional charge of drug possession for the purpose of
trafficking in exchange for Mr. Crossley's guilty plea on the cultivation
charge.

In 1997, Mr. Crossley was diagnosed with an inoperable brain tumour. The
former steel fabricator, who is married with three children, has been unable
to work for nearly two years. The tumour has caused him to suffer
debilitating seizures, headaches and mood swings, said his lawyer, Brian
English.

Under the conditions of his sentence, Mr. Crossley must not cultivate or
possess marijuana, but he says he'll continue to use the drug as long as it
provides relief from his pain and anxiety.

"It's the only thing that controls the headaches, and as long as my tumour
stays the same size, I'm going to keep smoking,"

Mr. Crossley said outside the courtroom. "Depending on how my head feels, I
smoke three to eight joints a day, and I wish I could have one right now."

Several high-profile cases across Canada have sought to overturn Canada's
current drug laws on the basis that they contravene the Canadian Charter of
Rights and Freedoms. None has been successful, but the Medicinal Marijuana
Club, based in Ontario, Alberta and British Columbia, continues to disregard
drug laws and distribute marijuana to seriously ill patients.

"The problem is that our current laws don't recognize the medicinal use and
benefits of marijuana as a treatment for terminally ill patients," Mr.
English said. "Under the circumstances, this sentence seems reasonable, but
... the medical community needs to get involved and ask for amendments to
the laws to provide for the use of marijuana in cases like these."

Mr. Crossley is also required to perform 120 hours of community service as
part of his sentence. Mr. English argued that his client may be too ill to
meet that obligation, but Judge John MacDougall said there are many
non-strenuous activities Mr. Crossley could perform.

"Perhaps he could help an elderly person cultivate a garden, since he seems
to have a green thumb," Judge MacDougall said.

But Mr. Crossley wasn't in a joking mood after court. As he was leaving the
courtroom, he turned and shouted angrily in the direction of Judge
MacDougall and prosecutor Linda Hupman.

"None of you understand," he yelled. "You can't make decisions about my
health. I'm the one that's sick, not you."
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