CALGARY -- Calgary marijuana crusader Grant Krieger has won the right to appeal a trafficking conviction to the Supreme Court of Canada.

Krieger, who suffers from multiple sclerosis and uses cannabis butter to ease the pain, lost a 2-1 split decision in the Alberta Court of Appeal late last month.

The 50-year-old man was convicted in December 2003 for possessing 29 pot plants.

His lawyer, John Hooker, says his client freely admitted during his trial that he provided marijuana to people who are very ill.

But Hooker says the judge then instructed jurors that they had no choice but to convict, adding that they should have been given other alternatives to consider during their deliberations.

Hooker is seeking to overturn Krieger's conviction and order a new trial.

The Supreme Court hearing is not expected until next year.