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Self-proclaimed high priest of pot goes free
By Hempology | June 25, 2007
Comox Valley Record
Jun 20 2007
Jules S. Xavier
There will be no jail time for Don Hogan following a two-day trial in Courtenay that saw the High Priest of Pot challenge the marijuana laws in this country.
Instead, the Hornby Island resident was given a three-month conditional discharge by the court.
“It was simple possession,? recalled Hogan who was arrested in April 2005 at home with about two ounces of medical cannabis in his possession. “I have to keep my nose clean, then I can apply for my pardon.?
Hogan provided the court with nearly 200 typed pages as part of his legal constitutional challenge to the legality of Canada’s Controlled Drugs and Substance Act.
He said pot activists such as himself are the “perfect candidates for this narrow-mindedness? for the government’s “deeply rooted traditional attitudes which reflect the same reefer madness? of the early 20th century.
At the same time, he challenged the validity of Health Canada’s application process for access to medical marijuana.
“Like millions of other members of Canada’s cannabis culture, I most certainly want nothing except self-respect and freedom from Canada’s draconian marijuana prohibition,? he said.
“As an advocate of marijuana legalization, I feel I am discriminated against by the police because I have been involved for over 30 years of my life in actively promoting the legalization of marijuana.?
On the opening day of his trial at the courthouse in Courtenay, Hogan provided the judge with his one-inch thick document containing his arguments why he should be able to access pot for medical use and that Canada should scrap its current marijuana laws.
“There is absolutely no sound policy basis for marijuana prohibition and most certainly no acceptable rationale for its continuance,? he wrote in his challenge. “I contend the government evidence on which marijuana prohibition is based on, falls markedly short of the standard of proof required by law to convict a person of a criminal offence.?
Hogan added, “The present law only states that I must be criminalized. It falls short of explaining why.?
Day two of the trial lasted about four hours.
“I could not demonstrate why I needed (medical) marijuana because there’s so much red tape involved,? said Hogan, who could not get a medical specialist to fill in the necessary paperwork via an assessment why his health required the use of pot.
In the end, Hogan acknowledged the judge said his brief “had no merit? and he was given a conditional discharge. He also did not get his seized cannabis back from police which he estimated was worth about $500.
“I can’t appeal it,? added Hogan, noting Health Canada has no appeal mechanism under its Marijuana Medical Access Regulations.
“I tried to explain this to the judge that I need (pot) for the pain I’ve had since the early ’80s. I was diagnosed with a debilitating blood disease.?
What’s next for the High Priest of Pot following his latest court appearance?
“Settle down and get on with my life,? he said. “I thought I’d be retired from politics, but I might get involved with the Marijuana Party again.?
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