An injured construction worker who grew marijuana plants to ease his physical pain has been spared a jail sentence.
Justice Guy Mahaffy said he doesnÂ?t normally agree to conditional sentences for people caught growing large amounts of pot. However, he agreed to sentence Lawrence Desabrais, 47, to house arrest for six months Tuesday because he was convinced the accused did not profit in any way from the plants.
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A pre-sentence report indicated Desabrais, who has no previous criminal record, only smoked marijuana to ease physical pain.
When police raided DesabraisÂ? home last May 24, they found 28 marijuana plants with a street value of several thousand dollars.
Defence counsel Donald Plaunt told the court Desabrais would be a strong candidate for a medical marijuana exemption from the federal government, but he never applied.
His client was severely disabled in a construction accident more than 20 years ago and suffers from a myriad of physical difficulties that cause him to be in constant pain.
His client has tried many different medications, but found marijuana to be highly effective. He grew the plants so he could have his own stash to smoke to ease his pain, said Plaunt.
Because there was such a large amount found, a jail sentence is mandatory, even for a first-time offender, but sentencing his client, in all the circumstances, to a conditional sentence to be served in the community, is the appropriate sentence, said Plaunt.
The pre-sentence report also indicated Desabrais has had a terrible string of bad luck in recent years, not only because his serious injuries are getting worse, but heÂ?s also lost his house due to a fire and has been forced to live in a small trailer in his parentsÂ? backyard.
The sentence includes a nightly curfew and order that Desabrais not leave his parentsÂ? property at any time except to attend medical, dental or legal appointments and five hours on Saturday to purchase the necessities of life.
Mahaffy also ordered Desabrais to not associate with anyone with a known drug record, access any drug counselling or assessment his probation officer might recommend and implemented a mandatory 10-year weapons prohibition.
Â?Keith Lacey
