Pubdate: Fri, 22 Sep 2000
Source: Calgary Sun, The (CN AB)
Copyright: 2000 The Calgary Sun
Contact:  2615 12 Street N.E., Calgary, Alberta T2E 7W9
Fax: (403) 250-4180
Website: http://www.canoe.ca/CalgarySun/
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Author: Bill Kaufmann

HIGH CRIME'S A SHAM

It probably happens more than we can imagine; we only know of the Grant
Kriegers because they choose to publicly challenge the status quo.

Krieger, of course, is the multiple sclerosis sufferer who has appeared in
court more than 30 times on pot charges related to his crusade for the
legalization of medicinal marijuana

The situation facing a couple who called me out of desperation would have
also remained an invisible tale had the husband not picked up the phone,
driven by fear and frustration.

The couple, who shall remain anonymous, were convinced they weren't hurting
anyone, let alone their neighbours. In their garden, sharing a small plot
with the tomatoes, grew a single marijuana plant.

Wendy, as I'll call her, looked forward to culling the plant, inhaling its
bounty to take away the pain and get around her central Alberta home a
little more nimbly.

Wendy, as a letter from her doctor attests, has multiple sclerosis -- a
curse she's lived with for the past eight years.

One day this past summer, the Mounties showed up at the home of Wendy and
her husband, who'll be known as Sam.

The RCMP officer knew exactly what he was looking for. A neighbour had
alerted them to the hideous crime unfolding in the couple's garden.

The offending shrub was quickly plucked and Sam charged with growing the
controlled substance.

With the bust, we can now all sleep more comfortably at night -- all of us
except Wendy, who requires the use of a wheeled walker to get around.

"I thought: 'Here we go again -- we haven't had much luck,' " said a
tearful Wendy, 39. "All I know is that (the marijuana) makes me feel better
and move better."

Sam, who says he's taking the rap for his wife, admits to several prior
convictions for cultivation and simple possession and wonders if his past
record could result in a jail sentence or hefty fine this time. Either
would be devastating for the low-income couple.

A letter from their doctor "to whom this might concern" pleads against any
incarceration, stating Sam's presence is needed to take care of his wife.

In a more just world, Sam's offences wouldn't have carried any more weight
than a speeding ticket.

Wendy acknowledges that the penalty will more likely be a hefty fine, which
is bad enough, adding "we're having a hard time keeping our van as it is."

In the meantime, she's been forced to turn to the black market and its
exorbitant prices to obtain her relief. "It should be illegal that it's
illegal," she quite rightly says.

She noted the Mountie who came to make the bust was sympathetic and
expressed regret.

"He said if there hadn't been a complaint, he wouldn't be there," said
Wendy.

A call to the local RCMP station pretty much confirms Wendy's observation.

"If someone reports a crime, we have to follow up on it," states the
officer, adding his colleagues don't make the laws, they just enforce them.

But his use of the word "crime" seems jarringly out of place. The Mountie
even vaguely offers to make "some arrangements" in the case, to help
mitigate the consequences for the couple.

But he then admits it's now up to the judiciary and out of police hands.

It's also ultimately in the hands of politicians supposedly busy drafting
legislation softening its stance on marijuana possession in medical cases.

I'll believe it when I see it.

Canada, as it's proven so often in the past, is just as likely to follow
the example of our southern neighbour.

By a vote of 7-1 late last month, the U.S. Supreme Court moved to prohibit
the sale of cannabis to AIDS and cancer patients in Oakland, Calif.

The court was acting on a push by the U.S. Justice Department, which is
determined not to witness the erosion of its repressive drug laws, going so
far as to withhold the capability of the ill to medicate themselves.

The initiative by the Clinton administration was known as an emergency
request.

The "urgency" in denying the ill and diseased some comfort makes for a
compelling comment on our governments' drug phobia.

And the court's ruling clashes with California voters' 1996 approval of
allowing marijuana's medicinal use.

Meanwhile, back in central Alberta, Sam has got a court date.
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