Yellowknife (Aug 11/06) - A 29-year-old man with terminal cancer was fined $1,035 for possessing drugs he said he uses for medicinal purposes.

In Territorial Court, Tuesday, Terry Fraser was convicted of possessing 56 grams of marijuana along with marijuana plant stalks and buds and 20 grams of psilocybin, more commonly known as magic mushrooms.

Judge Bernadette Schmaltz said she did not think custody was an appropriate sentence.

"Were I dealing with cocaine, heroine, or crack-cocaine, I would certainly be considering jail time. Mr. Fraser has a serious medical history," said Schmaltz, adding she accepted the fact he used marijuana to deal with the pain of his inoperable brain tumour.

She said she wasn't so sure about the pain dulling effects of psilocybin, however.

Crown attorney Shannon Smallwood asked the judge to consider jail time because psilocybin is considered a hard drug.

"This isn't a small amount of drugs," said Smallwood, placing the street value of the drugs at approximately $2,000.

The judge told Fraser he would pay a total fine of $1,035 including the victims surcharge.

Fraser explained his drug use by telling the court, "My medical condition has gotten in the way of everything," he said.

His lawyer, Patrice Taylor, said Fraser suffered from a lot of pain in his head, especially behind one of his eyes.

Taylor said Fraser was pleased he did not go to jail.

"It was the lightest sentence he could get considering the circumstances," she said.

Fraser was arrested when his car was stopped Feb. 20 after police noticed his licence plate was obscured by snow.

Smallwood said police smelled marijuana and Fraser admitted to smoking it in the car.

Police later obtained a search warrant for his home where more marijuana and the mushrooms were found.

Fraser is applying to Health Canada for the right to use marijuana to manage his pain, said Taylor, adding he expects to have his doctor sign the necessary papers in September.