Has Medical Marijuana Licence, Can’t Grow

Has Medical Marijuana Licence, Can’t Grow
Posted by CN Staff on November 15, 2002 at 18:27:26 PT
By Robert Freeman
Source: Chilliwack Progress 
He’s got a licence from Health Canada to grow marijuana, but now Brian Carlisle says he can’t get his grow-lights back from the RCMP after they were seized in July last year. “It’s selective persecution,” says Mr. Carlisle, who claims other medical marijuana users in the same situation have had their grow equipment returned. Mr. Carlisle is seeking a court order next week for the return of four grow-lights and 51 marijuana plants seized by Hope RCMP officers. 
He says he was told by the exhibits officer in Hope that there is a “new protocol” in place and that he would have to apply to Health Canada and to the B.C. Attorney-General to get his equipment back. Meanwhile, Mr. Carlisle says he has to buy marijuana from other sources. “I’ve been forced to deal with the most shady characters,” he says. RCMP Staff Sgt. Jim Delnea says the Hope detachment is acting on instructions from Crown counsel. “My federal Crown counsel directed me not to return (the equipment),” he says, because Mr. Carlisle “was in contravention of the law prior to receiving his permit” from Health Canada to grow marijuana for medical purposes. Cultivation and possession charges against Mr. Carlisle were stayed in court after he got his Health Canada licence to grow medical marijuana on Sept. 9. Federal Crown prosecutor Finn Jensen would not confirm the reason for the refusal to return the seized items, saying “several agencies are deciding the issue” including the Department of Justice and Health Canada. The decision not to return the items in light of the licence issued by Health Canada may seem a contradiction, he agrees, but there is no “overall” policy on returning items seized by police, and Mr. Carlisle is free to buy new equipment. “Each case will be decided on its own” merits, he says. Steve Kubby, an American citizen living in Sechelt, who received a licence to grow medical marijuana shortly before Mr. Carlisle, says his grow-equipment seized by police in April has also not been returned. Cultivation and possession charges against him have not been stayed. Despite a “life and death” medical condition that was “well-documented” in court and notices signed by doctors confirming his medical condition posted to the walls of his Sechelt home, he says police still seized his plants and grow equipment worth between $7,000 and $10,000. “What the RCMP did is no different than taking insulin away from a diabetic,” says Mr. Kubby, who suffers from a form of adrenal cancer unresponsive to traditional treatment methods. He says the $2,000 a month it costs to buy the half-ounce of marijuana he smokes each day is “a terrible hardship for my family.” “The RCMP needs to understand the harm they cause sick people and their families when they do this,” he says. A nutrient company, looking at developing grow-equipment for medical marijuana licence holders, is donating $15,000 worth of grow-equipment – including a fire alarm system – to Mr. Kubby. Newshawk: Steve KubbySource: Chilliwack Progress (CN BC)Author: Robert FreemanPublished: November 15, 2002Copyright: 2002 The Chilliwack ProgressContact: editor theprogress.comWebsite: Related Articles & Web Site:Pot-TV Raised About Med Pot Exemption Fugitive Wins Right To Grow Pot Here
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Comment #3 posted by afterburner on November 16, 2002 at 14:23:46 PT:
More Court Action Needed.
Until the Canadian Parliament passes proper legislation to ensure that legal medical cannabis exemptees can actually provide their own supply or receive their supply from a designated surrogate, more court action is needed to stop police harassment. Court action is also needed to prevent reactionary communities from prohibiting legal medical cannabis grow operations, just because today some yahoo is hijacking electricity due to the outrageous prices of illegal cannabis caused by prohibition. Furthermore, any bullying by the Canadian Medical Association of Canadian doctors sympathetic to the needs of medical cannabis users should also be challenged in court. The flawed process of providing Health Canada exemptions for medical cannabis must also be addressed by Parliament or by the Courts. The high-profile persecution of compassionate providers, like Michael Patriquen, also needs to be challenged. All this will cost a lot of money, money well-spent. I implore those drug-reform billionaires and all the little WE THE PEOPLE to give whatever you can to help Canada show the compassionate way to the blind and deaf war-on-cannabis bureaucrats south of the medicine line. Michael Patriquen: Pot Activist Appealing Sentence destruction or ego transcendence, that is the question.
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Comment #2 posted by Naaps on November 15, 2002 at 22:15:50 PT
Shoddy Treatment by Police
Brian Carlisle has much pluck. But he also suffers from some serious disease, which was glossed over, with the article merely mentioning the Health Canada license. The shoddy treatment of legitimate medical marijuana patients who don’t as yet have all the proper documentation to be exemptees is a Canadian embarrassment and travesty. Compassionate protocols need to be in place to stop belligerent prosecution by police, especially in handling ill people, being sensitive to their needs. However, the fact that he now has the proper license should allow Mr. Carlisle to peacefully grow his medicine. This has some measure of redemption for the long prosecuted journey Mr. Carlisle has endured. 
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Comment #1 posted by DdC on November 15, 2002 at 20:19:33 PT
Medical Marijuana defended by Green Aid
--- "Dr. Craig E. Zachlod"  wrote:
Date: Fri, 15 Nov 2002 18:33:28 -0700
From: "Dr. Craig E. Zachlod" 
To: dendecannabist
Subject: Medical Marijuana defended by Green AidGreen Aid is Fighting a Federal Prosecution That Will Deprive You of Your Right of Choice Regarding Your Health and Welfare The prosecution of Ed Rosenthal is very important to Washington conservatives and is a very real threat to your freedom of choice. Ed is the focus of one of several federal prosecutions that will attempt to wipe out strides made by voters on behalf of medical marijuana reform. He was arrested by federal agents on February 11, 2002 and is awaiting trial. The question is clear – will medical providers be prosecuted by the Federal government for supplying marijuana to help sick and dying people in California in compliance with state law as passed by Prop 215 in 1996? The current federal administration is threatened by the probability that, with Green Aid's active support, winning Ed's case would stop federal government interference with the right of voters to regulate their own health and welfare. Winning this case will free Ed to continue his crusade for medical marijuana and potentially limit the prosecution of thousands of others. The good news is that the Green Aid: The Medical Marijuana Legal Defense and Education Fund (Green Aid) has been officially launched with a contribution of $650,000 of pro bono (in-kind) legal services and we now need to immediately raise $350,000 in matching cash contributions. Green Aid has been assembled a "green team" of skilled attorneys to defend Ed Rosenthal's pivotal case. Attention to the local case and national reform initiatives make this a critical time to take social and legal action that will have a definitive impact on the legitimate medical use of marijuana. We urgently need your significant donation now to defend Ed Rosenthal's landmark case and establish Green Aid as a viable and effective force to defend the medical use of marijuana. Green Aid is a 501(c)(3) non-profit organization status and your donation will be legally tax deductible.  Visit our website address at for additional information.  (We're working on obtaining a .org web address.) Pledge whatever you can to the defense matching fund before they win another round against choice. And then forward this letter to everyone on your e-mail list. Please do whatever you can to help. Commit whatever money you can to this fight and help spread the word to others. Please don't put off responding. Your help is vital to our continued struggle to assure that we retain the right as voters to legally regulate our own health and welfare through the democratic process. You can contribute by credit card or check. For credit cards visit "Donate" on our website or call 1-888-271-7674. To donate by check send to: GREEN AID
Postal Mail Box 172
484 Lake Park Avenue
Oakland, CA 94610 Now is the time for you to make your contribution to changing history. Help us win and balance the scales of justice through education of the public and by winning critical cases. Please contribute to the defense matching fund before the federal government has an opportunity to win another round against choice. Thanks to you, things will change for the better. If you have any questions, please feel free to contact Green Aid directly.Dr. Craig E. Zachlod
Development Manager
docz green-aid.comGREEN AID: The Medical Marijuana Legal Defense and Education Fund Postal Mail Box 172 
484 Lake Park Avenue 
Oakland, CA 94610 2000 The Nazi's Come to Power Rosenthal Raided and Arrested by DEA/New King George implements US police state Geddes-47-90 YEARS-5 PLANTS!
Release Petition
Free James Geddes,J.htmlMAKING THE WALLS TRANSPARENT``Gary Tucker, serving 10 years; Steve Tucker, serving 10 years; Joanne Tucker, serving 10 years, 1 month''Read about the Young family: ``No drugs were found. . .'' on perjured testimony (I know, I know: nothing unusual about perjured prosecution testimony) ``Clyde and Patricia Young and four of their children were found guilty of possession and conspiracy to distribute marijuana in an on-going criminal enterprise. Clyde was given 26 years. Patricia got 24 years, 8 months. Their four children received 15, 10, 5, and 3 years each.'', passing a joint isn't even necessary. You could be in jail tomorrow, looking at a similar term for your "crimes", Frances. What? You aren't a "drug dealer"? Tell it to the judge, hon. The Young family thought they were innocent, too. And the Tuckers, also. Nobody is nore than one anonymous accusation away from prison. Nobody named ONE person in federal (OR state prison) for "PASSING A JOINT." PULEEEEESE!!! We didn't have to Frances; the "distribution" laws have no minimum amounts. Nobody goes to jail for "a joint"; because that one joint is called "possession with intent to distribute" or "distribution." But true enough, no laws mention "a joint" in title of the statute. . ., Frances: "distribution" charges dopnt' turn into "possession" because "its only a joint." Mandatory sentencing guidelines are ruthless. A first offense of simple marijuana possession now carries a five-year federal penalty.234 Escalator clauses take advantage of the repetitive nature of drug use. First-time possession of crack can be punished by five to twenty years if the amount exceeds five grams. A second offense brings the same punishment if the weight exceeds five grams. And a third offense brings the same punishment of the weight exceeds one gram. "Three felony convictions for drug offenses carries mandatory life with no parole, and it is a felony to commit a drug offense within 100 feet of a pinball or video arcade containing more than 10 games."235 Possession of a marijuana cigarette is such a felony. Federal law permits a $10,000 fine for possessing one marijuana cigarette.236 An Oklahoma man received a life sentence for felony possession of marijuana, 0.005644 of an ounce.237(Richard L Miller, Drug Warriors and their Prey, 1996, pgs.63-64) The Steven Tuck Defense Fund.
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