Yellowknife (Sep 22/06) - A 47-year-old man who said he uses his home-grown marijuana to deal with the pain of arthritis was fined $2,300 in NWT Supreme Court, Tuesday.

Lindsay James Mair, who suffers from rheumatoid arthritis in his spine, was convicted of growing and possessing marijuana. He was sentenced to a day in custody and a $2,300 fine. - Jessica Gray/NNSL photo

Lindsay James Mair, who represented himself, was also sentenced to a day in jail after Alberta-based justice C. Kenny, found him guilty of growing and possessing marijuana.

Mair was charged in May 2004 after police followed his son back to Mair's home in order to confiscate paint ball equipment.

Police testified that after they entered the home, they smelled marijuana.

Crown counsel Shelley Tkatch told the court that police seized five immature plants or cloned leaves, four mature plants and two fully developed buds - the part of the plant used to make smoking marijuana.

Police also seized halogen lights, materials used to create a watering system and books and magazines about growing marijuana.

"It is a large amount (of marijuana) for personal use," said Tkatch.

In court, Mair attempted to have evidence thrown out, arguing they didn't have his expressed consent to be in the home. Justice Kenny rejected the argument. She also didn't consider Mair's criminal record, which included a conviction for marijuana possession.

"While he has a previous record, it is over 20-years-old and has no impact on the sentence," she said.

Mair said he was disappointed with the conviction, but pleased he was not sent to jail.

He said he was pretty sure he would end up behind bars because he did not have a lawyer.

He began the process with a lawyer, but said he was unhappy with the counsel and decided to represent himself.

"I didn't feel my lawyer was representing me in the proper manner," he said.

Mair said though he doesn't have much money, he was denied a public defender.

He called the process to represent himself "very difficult" but in the end, unavoidable in his situation.

Mair said he grew the marijuana in his home to avoid dealing with organized crime.

He said he uses it to manage his rheumatoid arthritis that affects his spine and forces him to walk hunched-over.

"I'm hoping in the future to apply for medical marijuana," said Mair, even though he suspects it will be much harder to get now that he has a conviction for growing pot.

Mair said he was diagnosed with arthritis when he was 21. For a long time he took anti-inflammatory medications, but due to stomach problems, began using marijuana instead, he said.

The judge gave him until June 30, 2007 to pay the fine.