Pubdate: Thu, 31 Dec 2009 Source: Kamloops Daily News (CN BC) Copyright: 2009 Kamloops Daily News Contact: http://www.kamloopsnews.ca/ Details: http://www.mapinc.org/media/679 Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) JUDGE DENIES REQUEST FOR RCMP TO DESTROY MARIJUANA Carl Anderson is not the federal minister of health, and that's why he cannot get an order for the RCMP to destroy the marijuana police returned to him after a seizure last May. That was what provincial court Judge Chris Cleaveley told Anderson on Wednesday after hearing the approved medical marijuana user's request for the destruction order. Anderson's Westsyde home was searched by RCMP last May. He is licensed for 49 marijuana plants and 2.2 kilograms of dried pot for medical use. Police found he had 136 plants and more than six kilograms of dried marijuana. While Anderson was never charged, he applied for the plants and equipment seized to be returned to him. That was done, but he is now seeking compensation for the returned marijuana that was rotten. His case for that compensation is in court today. Representing himself, Anderson told the court he didn't have time to deal with the rotten marijuana problem when it was returned to him because he was in and out of hospital. But some of the bud was moldy when he got it back. He has since stored it all in a cabinet in an empty in-law suite in his house. "It is a health and safety matter and it has to be dealt with as soon as possible," he said. "It's a hazard to my family." Cleaveley said the Controlled Drugs and Substances Act specifies only the federal health minister can order police to destroy the marijuana. The interpretation act that Anderson cited does not allow him to interpret the term minister as a citizen, the judge said. "I'm not with you on this," he said in dismissing the application. - --- MAP posted-by: Jo-D