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Andrea Lindsay testifies in the Swallow and Beren trial
By Hempology | August 3, 2007
Victoria Times Colonist, BC
August 03, 2007
Richard Watts
Fibromyalgia sufferer testifies at pot trial
A fibromyalgia sufferer, licensed to use marijuana as medicine, has worked hard to comply with regulations but can’t line up a legal, affordable supply, court heard yesterday.
Andrea Lindsay testified circumstances, Health Canada red tape or cost always see her go back to compassion clubs and that means she is breaking the law.
“I wanted to be part of the program. I wanted to be up-front and legal,” said Lindsay, of Saanichton.
She was testifying in Victoria in the B.C. Supreme Court trials of Michael Swallow, 41, and Mat Beren, 32, both charged with possession of marijuana for the purpose of trafficking and production of marijuana.
Swallow and Beren were arrested in May 2004 when RCMP raided a house near Sooke used by the Vancouver Island Compassion Society to grow marijuana for its members.
Lawyers for the two men, John Conroy and Kirk Tousaw, are now in the middle of a constitutional challenge to the medical marijuana regulations. The challenge says the rules force Canadians to break the law.
Compassion clubs supply marijuana as medicine to people suffering from incurable diseases. Two clubs exist in Victoria, but operate without official government approval.
People approved by Health Canada are allowed to grow marijuana themselves, can designate a person to grow it for them or buy it from government who is supplied by a company that grows it in an abandoned mine shaft in Flin Flon, Man.
Lindsay testified she was diagnosed with fibromyalgia in 1999 and suffers chronic pain.
Shortly after her diagnosis she learned marijuana could help alleviate some of the symptoms. She purchased her pot on the street, from friends or from compassion clubs.
In 2006, Lindsay received a one-year federal licence to use marijuana. She got a one-month supply — 300 grams — from the government, was charged $1,500 for 300 grams and found the product third-rate.
She also moved to Ontario where a friend agreed to become her designated grower. But delays getting approval from Health Canada forced an end to the arrangement.
Lindsay said she tried to grow it herself but became fearful after her licence expired and before her renewal came through so she cut down the plants.
She has since moved back to Victoria, where she continues to buy her marijuana from a compassion club. She is now in debt to Health Canada for $3,000 for a two-month supply of marijuana.
“I now have all this debt. I know the Health Canada product doesn’t work. I know I can’t grow it myself and I don’t know how the designated grower program is supposed to work,” said Lindsay.
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