JUDGE TELLS FEDS TO FIX REGULATIONS

Pot laws crumble

TORONTO -- The laws prohibiting marijuana possession in Canada continued to
crumble yesterday as an Ontario judge declared unconstitutional Ottawa's
scheme to allow the use of pot for medical reasons.

It's not fair to allow people to smoke medicinal marijuana, then force them
to get the drug from the corner drug dealer, which is what the scheme
effectively does, said Superior Court Justice Sidney Lederman.

"Laws which put seriously ill, vulnerable people in a position where they
have to deal with the criminal underworld to obtain medicine they have been
authorized to take violate the constitutional right to security of the
person," Lederman wrote in a 40-page ruling.

"I have grave reservations about a regime which ... grants legal access by
relying on drug dealers to supply and distribute the required medicine."

Lederman gave the federal government six months to fix the regulations,
after which time they will be "of no force and effect."

The decision is another clear sign that the laws prohibiting possession of
small amounts of marijuana are toppling, said lawyer and long-time cannabis
crusader Alan Young, who argued the case.

"It's another nail in the coffin and this is a big nail," an elated Young
said after learning of the ruling.

"We feel it will be appealed, but it's the light at the end of the tunnel
...I can't really see the law maintaining any operation after this year.
It's sitting on a really precarious foundation."

PHONE CALLS

Young said he fielded phone calls all afternoon from supporters of his
clients.

"Everyone's overjoyed; I'm getting calls from across the country from this
pot world," Young said. "They can't get out of bed in the morning, but they
can get this news very quickly."

Department of Justice spokeswoman Dorette Pollard said federal lawyers were
perusing the judgment and expected to advise Health Minister Anne McLellan
before the end of the day on what steps to take.


Pubdate: Friday, January 10, 2003
Source: Winnipeg Sun (CN MB)
Contact editor@wpgsun.com
Website: http://www.fyiwinnipeg.com/winsun.shtml
Author: Canadian Press