(Ed. note: The Krieger case will force the
Canadian courts and/or government to deal with the supply side of the medical marijuana
issue. It is all fine and good to say that sick people have a right to have it, but as the
situation in California has demonstrated, there has to be a realistic provision for
supplying it to those who cannot grow their own or buy it on the black market. There is no
easy way out. Krieger will force them to deal with this issue.)Tuesday, 16 June,
1998
Canadian Press
See
Medical Marijuana Got
Man Out Of Wheelchair; "Meanwhile, the MS Society of Canada keeps a cautious
distance..."
and
Canadian Health
Minister Says He Is "Taking Seriously" Plea By MS Patient Harichy To Legalize
Medical Marijuana
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.
Supported