[420 Girl]

Adam Troy Dickerson needs a physician to sign papers to allow him to legally use marijuana to control pain.

His family doctor agreed he fit the criteria under federal law to medically use the otherwise illegal drug, but would not sign the papers as a matter of policy, duty counsel Joel Hansen told provincial court Judge David Walker this week.

At an earlier court appearance Dickerson, 27, of Elmsville, pleaded guilty to producing marijuana.

Walker adjourned sentencing to allow Dickerson to follow Hansen's advice to find out if he could qualify to legally use marijuana medically. The judge adjourned sentencing to May 19 to allow Dickerson to try to find another doctor to sign the papers.

This paperwork will not provide a defence against the charge facing him because he did not have it at the time the RCMP arrested him.

It might provide grounds for mitigation at the sentencing hearing, Walker said.

Dickerson's own family doctor will not sign papers to allow patients to use marijuana, but Health Canada told him that 57 doctors in New Brunswick will sign them, Hansen told the court.

The lawyer advised Dickerson to go to the College of Physicians and Surgeons to find one of these doctors.

Walker agreed to allow time to find a doctor to sign the papers, then submit them to Health Canada and get a response back.

If Dickerson cannot find a doctor willing to sign, he might have a constitutional argument, Hansen said.

The pre-sentence report states that Dickerson continues to use marijuana to control pain, federal Crown prosecutor Peter Thorn said.

Dickerson should agree not to use the drug until legally allowed to do so, Thorn said.

"But in the meantime they self-medicate, and they breach the court order," Walker responded.

Dickerson would have to find a physician to sign the papers demanded by Health Canada, Walker said.

"This is squarely your responsibility," the judge told him.


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