two ounces of cannabis and cannabis resin had his six-month prison sentence quashed yesterday on appeal.

Michael Brent Glass, who came to Bermuda for a short break with his wife last month, received a $3,500 fine at Supreme Court after proving he used the drug for medicinal purposes.

Glass, a businessman, from Jericho Bronx, New York, was arrested on April 23 after sniffer dogs traced the drugs in his luggage when he arrived at Bermuda International Airport.

He spent a total of five days in custody before Puisne Judge Norma Wade-Miller set him free.

Throughout the proceedings yesterday Glass' wife wept and afterward she said they planned to retrieve her husband's passport, which was confiscated by Police, and leave immediately.

She refused to give her first name but noted: "The sooner we are out of this country, the happier we will be.

"I think it was a terrible way to treat a tourist that is not familiar with Bermudian law. We will never come back here again.'' Her husband added: "We are going back on the first flight available. It has been awful.'' Visitor out of jail Senior Magistrate Archie Warner jailed the stunned holidaymaker on April 27 after he told Magistrates' Court that he suffered from diabetes and a stomach disorder called pancreatitis and that he used the cannabis to aid digestion and relieve stress.

However Mr. Warner, who did not have proof of the defendant's claim, said: "The courts must treat everybody the same.'' But yesterday Glass' lawyer Victoria Pearman told the appeal hearing that her client had four physicians, three of which were aware that he used cannabis to help dull the symptoms he experienced.

She added: "My client, Mr. Glass, finds himself in a most difficult position.

"He is remorseful. He feels sorry that he has found himself in this position but also that he has found himself violating the laws of this jurisdiction.'' And she said Glass was unaware how seriously the possession of cannabis was treated in Bermuda.

Ms Pearman said: "Now he knows what having this amount of cannabis in Bermuda means, I have it on good authority that this is a mistake that he will never repeat.'' For the first count of possessing 36.1 grammes of cannabis, Mrs. Wade-Miller withdrew the six-month jail sentence and replaced it with a fine of $3,000.

For the second offence of possessing five-sixths of an ounce of cannabis resin, she also withdrew the six-month jail-term, which was to run concurrently, and replaced it with a $500 fine.

The defence did not appeal a $300 fine imposed on Glass last week for the possession of drug equipment.

Mrs. Wade-Miller said: "It's clear from the evidence before the court that this controlled drug was brought into Bermuda by Mr. Glass for his own use.

It's also plain that his use of the drug was influenced by his state of health.''