Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A backwoods hermit caught growing marijuana he says he needs for his health won't be deprived of his guns - tools required to live his chosen lifestyle, a judge ruled Monday.
James Darcy West, 46, was charged with possession of marijuana for the purpose of trafficking after police searched his house in March 2008 and found 150 plants.
The man lives in a backwoods area near 70 Mile House, the court heard. RCMP showed up there in March 2008 after someone complained of shots being fired in the area. The man has 10 firearms legally registered in his name.
Officers asked West if they could look around his home for the registered guns. He agreed. They found 13 firearms, including an unregistered Colt revolver, causing concerns he may be stashing more.
Police asked to look in a locked room in his basement. West gave them the key. Inside was the marijuana, which West said was for his own personal use.
Defence lawyer Rob Bruneau said West suffered a brain injury years ago after being struck by a car. As well, he suffers severe migraines and other health problems that he believes are helped by marijuana.
The man is in the process of obtaining permits to possess marijuana for medical purposes. He has his doctor's blessing but has not yet received Health Canada's approval, Bruneau said.
The lawyer told the B.C. Supreme Court trial that all the plants found were for West's personal use.
West agreed to plead guilty to simple possession of the marijuana and serve four months in jail. The plea and sentence will allow him to keep his firearms.
Had he been convicted of possession for the purpose of trafficking, he would have lost his guns as the law imposes a mandatory firearms ban in such cases.
"He simply could not live the kind of lifestyle he has chosen to live if there is an order prohibiting him from possessing firearms," said Bruneau.
"For his own ( backwoods ) protection, he needs the guns."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kamloops Daily News (CN BC)
Copyright: 2009 Kamloops Daily News
Contact: kamloopsnews@telus.net
Website: Kamloops Daily News
James Darcy West, 46, was charged with possession of marijuana for the purpose of trafficking after police searched his house in March 2008 and found 150 plants.
The man lives in a backwoods area near 70 Mile House, the court heard. RCMP showed up there in March 2008 after someone complained of shots being fired in the area. The man has 10 firearms legally registered in his name.
Officers asked West if they could look around his home for the registered guns. He agreed. They found 13 firearms, including an unregistered Colt revolver, causing concerns he may be stashing more.
Police asked to look in a locked room in his basement. West gave them the key. Inside was the marijuana, which West said was for his own personal use.
Defence lawyer Rob Bruneau said West suffered a brain injury years ago after being struck by a car. As well, he suffers severe migraines and other health problems that he believes are helped by marijuana.
The man is in the process of obtaining permits to possess marijuana for medical purposes. He has his doctor's blessing but has not yet received Health Canada's approval, Bruneau said.
The lawyer told the B.C. Supreme Court trial that all the plants found were for West's personal use.
West agreed to plead guilty to simple possession of the marijuana and serve four months in jail. The plea and sentence will allow him to keep his firearms.
Had he been convicted of possession for the purpose of trafficking, he would have lost his guns as the law imposes a mandatory firearms ban in such cases.
"He simply could not live the kind of lifestyle he has chosen to live if there is an order prohibiting him from possessing firearms," said Bruneau.
"For his own ( backwoods ) protection, he needs the guns."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Kamloops Daily News (CN BC)
Copyright: 2009 Kamloops Daily News
Contact: kamloopsnews@telus.net
Website: Kamloops Daily News
