Pubdate: Tue, 14 Sep 2010
Source: Comox Valley Echo (CN BC)
Copyright: 2010 Comox Valley Echo
Contact:  http://www.canada.com/vancouverisland/comoxvalleyecho/index.html
Details: http://www.mapinc.org/media/785
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

CONDITIONAL DISCHARGE FOR MEDICAL MARIJUANA

A Courtenay man caught growing marijuana to treat chronic back and 
neck pain has received a conditional discharge.

Nathan Babcock (28) fell 120 feet from a tree seven years ago while 
working for a forestry company. Since then, he has been struggling to 
get permanent disability compensation from the WorkSafeBC - a battle 
he only recently won.

On May 11, 2009 police went to a reported assault at Babcock's 
residence. The fight turned out to be consensual, but officers could 
smell the distinct odour of growing marijuana.

After attaining a search warrant, police found 34 pot plants.

Defence lawyer Miller stressed that Babcock's past injuries left him 
in a state of chronic pain and that the cost of his prescribed 
medication was too high. Miller urged Judge Allan Gould to give 
Babcock a conditional discharge.

Babcock said his life has been difficult over the last few years and 
urged the court to exercise leniency.

"I was basically brought to the stage where I had to relearn 
everything," said Babcock of his accident.

"All I'm doing is medicating myself."

Gould said the circumstances of the case were unusual and added: "All 
I know I guess is that I wouldn't want to have an accident like you, sir."

Gould gave Babcock a conditional discharge and one year's probation. 
At the Crown prosecutor's suggestion, Gould also granted the police 
the right to inspect Babcock's residence once a month until he 
receives his medical marijuana license.

The Crown prosecutor had wanted Babcock to pay a $500 fine, citing an 
earlier conditional discharge Babcock received in 2001.

But defence lawyer Robert Miller said any kind of criminal record 
would likely kill Babcock's chances of successfully receiving his 
medical marijuana license that he is approximately six months away 
from receiving.
- ---
MAP posted-by: Jay Bergstrom