TRURO - An unlicensed user and supplier of medical marijuana failed Friday in another bid to get his seized pot back from police.

John Cook, 41, of Harrietsfield, outside Halifax, isn't entitled to the 500 grams of marijuana or its $7,500 cash equivalent, Judge John MacDougall ruled in Truro provincial court after an hour-long hearing.

Mr. Cook, who does not have a federal permit to use medical marijuana, said he wasn't surprised by the judge's decision but intends to find other ways to make his case.

"I guess the judge's decision in his legal arena will pass muster," said Mr. Cook, a provincial director for the Cannabis Buyers' Clubs of Canada.

"I'm more concerned about the well-being of people."

He operates a compassion club for roughly 70 clients. About 10 have federal permits and the others have given him doctors' notes.

Police seized the marijuana at a Truro bus station in January 2005 and charged Mr. Cook with trafficking and possession for the purpose of trafficking.

He applied to get the marijuana back last June but was denied because the drug was considered evidence for his trial. The Crown stayed the charges in September, opening the door for Mr. Cook's new application.

The marijuana user, who hurt his back years ago, told the court that decisions made in other provinces in years past should give medical marijuana users across Canada the right to possess and cultivate the drug without a federal permit.

In fact, he claimed possession and cultivation laws aren't even on the books anymore.

Crown attorney David Schermbrucker said the laws were never ripped out of the Criminal Code but were deemed in some provinces to be unenforceable for certain people, such as those with a proven medical necessity.

Mr. Schermbrucker said Mr. Cook does not have a federal permit and has not shown any lawful reason why he should have marijuana in his possession.