[420 Girl]

The Crown withdrew all drug charges Tuesday against a Meaford man who says he uses marijuana medicinally and against his wife.

Crown attorney Clayton Conlan told court in Owen Sound that prosecuting the charges "would not be in the public interest."

James Kerr, 36, and Celena Negovetich, 30, agreed to forfeit marijuana police seized Jan. 4 in their Meaford home.

They will get back most of the $1,700 worth equipment seized by police to grow more pot.

Conlan said he withdrew the charges of possession of marijuana for the purpose of trafficking and production of marijuana against both Kerr and Negovetich after consulting with his superior at the Public Prosecution Service of Canada.

Kerr had applied for licences to grow and use marijuana long before he was charged and he received both licences the month after charges were laid. It was still a "technical breach" of the law, but not one that either Conlan or his boss thought was worth prosecuting.

"I just don't think that it was worthwhile, quite frankly, prosecuting somebody who has legitimate, serious medical problems and who now has a valid licence."

Kerr was diagnosed in September 2005 with multiple sclerosis, a disease of the central nervous system with no cure. It causes attacks of prolonged muscle spasms and headaches which he says are relieved with marijuana.

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