Pubdate: Wed, 29 Sep 2010 Source: Peterborough Examiner, The (CN ON) Copyright: 2010 Osprey Media Group Inc. Contact: http://drugsense.org/url/4VLGnvUl Website: http://www.thepeterboroughexaminer.com/ Details: http://www.mapinc.org/media/2616 Author: Fiona Isaacson POT LAW PROTESTER GUILTY A 68-year-old man charged with marijuana production received one year of probation Tuesday because he was later approved by Health Canada to possess the drug legally, says a federal prosecutor. "In light of that," Mauro DiCarlo said he was satisfied that probation was an appropriate sentence. Benny Almud pleaded guilty Tuesday to one count of marijuana production. A charge of possession of marijuana for the purpose of trafficking was withdrawn. His plea comes just a day after he and another man, Mark Mac- Donald, appeared in Peterborough's Superior Court of Justice challenging the country's marijuana possession laws. Their application to Superior Court is that the laws were invalid for six years starting in 2003. Outside the courtroom Almud told The Examiner he pleaded guilty Tuesday because he doesn't think the Superior Court application will succeed. On July 24, 2009, Peterborough County OPP raided Almud's Lakefield Rd. home. In total they found 142 marijuana plants, plus marijuana shake, seeds and $4,970 in cash, DiCarlo said. Police said at the time that the amount of marijuana seized was worth $144,554. Almud's 21-year-old granddaughter Sabrina Almud was also charged at the same time because she was living in the home. All of her charges were withdrawn Tuesday. Almud has always said his granddaughter had nothing to do with the drugs. DiCarlo said he was satisfied that the cash be returned because Almud's lawyer Dave Ross had provided information that it came from "legitimate sources." Some of Almud's grow equipment was also ordered returned. Ross acknowledged that the proposed sentence "may seem unusual," but that his client has a serious back problem, is suffering from prostate cancer as well as anxiety and depression. Ross said Almud was renting rooms in his house to help pay his mortgage and that was what the cash was from. Ross also said that before he was arrested Almud tried to get information about how to get a licence and couldn't get a doctor to approve his application. However, when Almud was arrested police provided him with phone numbers to help him out, Ross said. Almud has been licensed for medical marijuana since July 20 and is allowed 72 plants, Ross said. Almud's actions were against the law but he was "only trying to help himself," Ross said. Almud must also provide a DNA sample and is banned from owning any firearms for 10 years. He is also not allowed to possess any narcotics without a prescription and is not allowed to possess any quantity of marijuana above the amount approved by Health Canada. Mr. Justice Rhys Morgan reviewed Almud's medical marijuana licence before accepting the joint Crown defence sentence. Madam Justice Cory A. Gilmore will deliver a written decision on Almud and Mac- Donald's Superior Court appeal. A date for her decision wasn't set Monday. - --- MAP posted-by: Jo-D