Canada - A provincial court judge postponed a decision Thursday whether to allow the case of a man seeking compensation for loss of his medical marijuana plants in a spring police raid.
Carl Anderson's application was filed 62 days after RCMP arrived at his Westsyde home with a search warrant on May 6 and took away 136 plants and more than six kilograms of dried pot.
But the Controlled Drugs and Substances Act only allows 60 days for such applications.
Anderson was never charged, although he exceeded the amount of plants and dried marijuana his medical licence allowed. His plants and equipment were returned, but the pot was rotten.
Judge Chris Cleaveley said before he could hear arguments about the compensation, he had to clear up whether the application should even proceed because it was submitted past the deadline.
Anderson defended his late application, saying he became seriously ill after being arrested and spending 30 hours in police cells. He would have been released sooner, but he wanted to protest signing a promise to appear.
He testified on his own behalf, saying he suffered diarrhea, severe stomach cramps, and vomiting that endured for weeks and left him unable to even eat.
Anderson said he repeatedly sought treatment at Royal Inland Hospital and provided the court with medical records. He had surgery for ulcerative colitis on June 9.
After he was discharged from hospital in late June, he was prescribed narcotics to kill the pain and was told to spend at least six weeks recovering.
"I was told to lay back and take it easy for a minimum of six weeks. I wasn't supposed to lift anything more than one gallon of milk," he said.
"I was in no shape to read or understand any of the laws or concepts to file an application."
His testimony was backed by his wife, Tammy Coolidge, who said her husband has a brain injury and suffers from depression.
The ulcerative colitis didn't show up until after he was jailed, she said, describing Anderson as then becoming essentially bedridden and having to go to hospital via ambulance.
Anderson did get in an application for the return of his marijuana and equipment.
He argued he wasn't able to do enough research to put together an application for compensation under the Controlled Drugs and Substances Act until two days after the deadline. He said he worked as fast as he could under the circumstances.
Federal Crown counsel Anthony Varesi said Anderson was discharged on June 22 and knew by then he wasn't facing criminal charges.
He noted in the weeks after his surgery, Anderson called his office or dropped by. But Anderson said it was one thing to do that and another to be able to concentrate and research a court application.
Cleavely adjourned the case to Jan. 14 to fix a date for his decision. If he accepts the 62-day application, there will be another date set for Anderson to argue his compensation case.
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kamloops Daily News
Author: MICHELE YOUNG
Copyright: 2010 Glacier Interactive Media
Carl Anderson's application was filed 62 days after RCMP arrived at his Westsyde home with a search warrant on May 6 and took away 136 plants and more than six kilograms of dried pot.
But the Controlled Drugs and Substances Act only allows 60 days for such applications.
Anderson was never charged, although he exceeded the amount of plants and dried marijuana his medical licence allowed. His plants and equipment were returned, but the pot was rotten.
Judge Chris Cleaveley said before he could hear arguments about the compensation, he had to clear up whether the application should even proceed because it was submitted past the deadline.
Anderson defended his late application, saying he became seriously ill after being arrested and spending 30 hours in police cells. He would have been released sooner, but he wanted to protest signing a promise to appear.
He testified on his own behalf, saying he suffered diarrhea, severe stomach cramps, and vomiting that endured for weeks and left him unable to even eat.
Anderson said he repeatedly sought treatment at Royal Inland Hospital and provided the court with medical records. He had surgery for ulcerative colitis on June 9.
After he was discharged from hospital in late June, he was prescribed narcotics to kill the pain and was told to spend at least six weeks recovering.
"I was told to lay back and take it easy for a minimum of six weeks. I wasn't supposed to lift anything more than one gallon of milk," he said.
"I was in no shape to read or understand any of the laws or concepts to file an application."
His testimony was backed by his wife, Tammy Coolidge, who said her husband has a brain injury and suffers from depression.
The ulcerative colitis didn't show up until after he was jailed, she said, describing Anderson as then becoming essentially bedridden and having to go to hospital via ambulance.
Anderson did get in an application for the return of his marijuana and equipment.
He argued he wasn't able to do enough research to put together an application for compensation under the Controlled Drugs and Substances Act until two days after the deadline. He said he worked as fast as he could under the circumstances.
Federal Crown counsel Anthony Varesi said Anderson was discharged on June 22 and knew by then he wasn't facing criminal charges.
He noted in the weeks after his surgery, Anderson called his office or dropped by. But Anderson said it was one thing to do that and another to be able to concentrate and research a court application.
Cleavely adjourned the case to Jan. 14 to fix a date for his decision. If he accepts the 62-day application, there will be another date set for Anderson to argue his compensation case.
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kamloops Daily News
Author: MICHELE YOUNG
Copyright: 2010 Glacier Interactive Media
