Marijuana law should be changed: defendant
By: Alexandra Pope, Leduc Representative (CN AB), 10-02-09

A Beaumont man who pleaded guilty to a charge of simple marijuana possession at provincial court in Leduc Sept. 17 ended up debating the drug law with the judge when it came time for his sentencing.

Derrik Kato, 21, was arrested after Beaumont RCMP spotted him rolling a joint in a park. Kato also had 10 grams of marijuana in his pocket.

Federal Crown prosecutor John Lee said Kato had already completed the alternative measures program for a previous drug charge but suggested, along with defense council, that a conditional discharge might be appropriate so that the conviction wouldn’t show up on his record.

Judge N. Mackie asked Kato if he had any intention of giving up the drug; Kato said no.

“I disagree with the law and believe it should be changed,” he said. “I would be lying to you if I said I would quit.”

Mackie said people have been expecting marijuana to be legalized since the 1970s, but added whether Kato agrees with the law or not is beside the point.

“There are ways to change the laws, but to use that excuse as a justification for not abiding by the law is foolhardy in your case,” he said.

Mackie pointed out that with a drug conviction on his criminal record, Kato could be denied entry to the United States and other countries with stringent drug laws, which would limit his career and travel opportunities. He also said if Kato were to continue using marijuana and was caught in breach of his conditional discharge, he would probably go to prison.

Mackie then asked Kato again if he would be willing to stop using marijuana according to the terms of a conditional discharge. Kato agreed.

“It doesn’t mean you have to change your beliefs,” Mackie said.

Kato was sentenced to a $50 fine and a one-year term of probation with conditions not to use illegal, non-prescribed drugs.

“(That) leaves you an option — you can always go get a prescription from a doctor,” Mackie said.

“I don’t feel like developing glaucoma just yet,” Kato said as he exited the courtroom.

© 2010 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana