Pubdate: Tuesday, 16 June, 1998 Source: Canadian Press MAN BATTLING TO SELL POT AS MEDICINE FOUND GUILTY CALGARY (CP) -- A Saskatchewan man crusading for marijuana to be legalized for medicinal uses was found guilty Tuesday of possession of the drug for the purpose of trafficking. But that won't stop Grant Krieger, 43, from defying the law. Minutes after the guilty verdict, Krieger promised to continue selling marijuana to the terminally ill. "I'm on a mission. Laws have to change," said Krieger, who says he smokes and eats marijuana to alleviate symptoms of multiple sclerosis. "Society is denying us the right to nurse ourselves back to a much better quality of health." Judge Robert Davie rejected Krieger's charter challenge to the trafficking charge. Canada's Controlled Drug and Substance Act protects public health and safety and doesn't exempt people who sell drugs even if they are in pain, Davie said. Defence lawyer Adriano Jovinelli unsuccessfully argued under the Charter of Rights and Freedoms that the law interferes with his client's quality of life. Jovinelli said the guilty verdict came as no surprise. "It was anticipated, because the issue wasn't an individual's right to use marijuana, but rather, does someone have the right to give it to someone else who he believes needs it for medical purposes," Jovinelli said. "As the judge says, that's not protected under the charter." Krieger said he ultimately wants to take his case to the Supreme Court of Canada so that the issue is decided for all Canadians. The former sales representative was charged last June after lighting up a joint outside a Calgary courthouse in a show of support for a man who also uses the drug for medicinal purposes. Krieger also acknowledged giving the man marijuana. Krieger gained international attention in 1996 when he was arrested in Amsterdam for trying to transport a kilogram of marijuana back to Canada. He has yet to stand trial on charges related to that incident. Krieger, who's from the tiny community of Preeceville 230 kilometres northeast of Regina, wants a government distribution network for medicinal marijuana. "There's a lot of sick people in Canada that have no way of getting what they need for medicine," he said. "They can't go to a drugstore for it, can they?" Krieger will be sentenced Aug. 17. There is no minimum sentence for trafficking but the maximum is life in prison. "He's going to have to go to jail," said his daughter, Lindsay Krieger, 19. "He can't pay a fine. He cannot do fine option. There's no other choice." Krieger, who lives on a $750-a-month government pension, said he is broke. His electrical power was cut off in his cabin two weeks ago because he couldn't pay a $788 utility bill. Krieger said since he replaced his prescription drugs with marijuana in 1994, he no longer feels suicidal. He praised marijuana for enabling him to jog and rock climb. Krieger said the judge is trying to protect society as a whole at the cost of the terminally ill. "It's new ground. It's walking safe," he said. Krieger said his family is also paying a cost. He wants to live with his daughter, but fears she will be arrested if police find his drugs in their shared home. "It's busting up my family and a lot of other families," he said. - --- Checked-by: Melodi Cornett