Alberta resident Grant Krieger could have applied for an exemption from the Canadian Minister of Health to use medical marijuana to treat his MS. But he believed that laws against medical marijuana were unconstitutional, and that he shouldn’t need an exemption from them if they weren’t valid in the first place.
So instead of applying for an exemption, he grew cannabis, got arrested, and then fought for his constitutional rights (CC#23 Busted Updates ). On December 11, Alberta Court of Queen’s Bench judge Darlene Acton agreed with Krieger.
“The judge gave me permission to cultivate and possess my own medicine until the government gets their laws straightened out,” said Krieger. “And she gave them one year to make changes.”
Although Judge Acton ruled in favour of Krieger cultivating and possessing, she refused to rule on charges that Krieger also trafficked in cannabis. Krieger returns to court on January 10 to face those charges in front of a jury. He also faces jail time for breaching probation while awaiting his last court date.
“I couldn’t afford money for the bus to see my probation officer,” complained Krieger, “so they gave me over a thousand dollars in fines, which I also can’t afford. I am going to do the time instead. Several months.”
The last time Krieger was in jail, he was denied marijuana, without which he suffered severe attacks MS alone on the cold floor of his cell.
“Now that I can legally possess, I will be bringing a quarter pound of cannabis medicine with me into jail,” Krieger said. However, the Calgary remand centre refused to allow Krieger to bring his legal medicine in jail with him. “He may have a right to possess marijuana for medical purposes, but it’s not his constitutional right to possess marijuana in a correctional facility,” said a spokesman for Alberta Justice.
The Alberta court decision comes in the wake of the Terry Parker/Chris Clay trial last summer, where the Ontario Supreme Court also ruled that laws against medical marijuana were unconstitutional, and that Parker should be able to grow for his own use.
According to sources at the Canadian Ministry of Health, the government plans to rewrite the laws in a way that will essentially maintain the status quo.
? Grant Krieger is raising money for his case by selling a hemp cookbook, available at most hemp stores in Calgary, or by contacting him at: (403) 235-1244; gkrieg[email protected]