cannabisnews.com: Supreme Court To Hear Constitutional Challenge Supreme Court To Hear Constitutional Challenge Posted by FoM on March 15, 2001 at 09:32:50 PT By The Canadian Press Source: Calgary Herald Canada's highest court agreed Thursday to hear a convicted pot smoker's claims that federal marijuana laws are unconstitutional because the drug is harmless. Chris Clay, 30, the former operator of a hemp boutique in London, Ont., was convicted in 1997 of drug possession and trafficking charges for selling cannabis to an undercover police officer. In Clay's original trial, Ontario Superior Court Justice John McCart admitted he was convinced marijuana was harmless and caused no serious mental or physical damage. But the judge ruled it would be up to Parliament to determine what's illegal and said the drug charges didn't infringe on Clay's constitutional rights. That prompted Clay and lawyer Alan Young to seek leave to appeal their case to the highest court in the land. As is customary, the Supreme Court gave no reasons for its decision. The case has become a flagship for marijuana users - many of whom sing the praises of the drug's medicinal qualities - who want to see pot legalized. Throughout their case, which was rejected by the Ontario Court of Appeal in October 1999, Young has argued that marijuana has no more ill health effects than many of the foods people eat. Crown lawyers have countered that the absence of scientific proof of marijuana's harmful effects does not mean the drug can be considered completely safe. Nonetheless, since Clay first launched his challenge, Ottawa has implemented extensive testing on the medicinal effects of marijuana, including allowing a host of Canadians with serious illnesses to use the drug for medicinal purposes. The federal government first gave permission for the cultivation and use of marijuana for medical purposes in June, granting special exemptions to Jim Wakeford of Toronto and Jean-Charles Pariseau of Vanier, Ont., both of whom have AIDS. Supporters of Clay's case hope Canada will eventually adopt the same policies that exist in some parts of Australia, where people caught with small quantities of marijuana pay a fine, but get no criminal record. Complete Title: Supreme Court To Hear Constitutional Challenge of Marijuana Laws Source: Calgary Herald (CN AB)Published: March 15, 2001Fax: (403) 235-7379Copyright: 2001 Calgary HeraldAddress: P.O. Box 2400, Stn. M Calgary, Alberta T2P 0W8Contact: letters theherald.southam.caForum: http://forums.canada.com/~calgaryWeb Site: http://www.calgaryherald.com/Related Articles & Web Site:The Compassion Clubhttp://www.thecompassionclub.org/Lawyers Argue To Legalize Marijuana http://cannabisnews.com/news/3/thread3182.shtmlPot Too Mild To Be Criminal, Lawyer Argues http://cannabisnews.com/news/3/thread3160.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #3 posted by m segesta on March 15, 2001 at 19:09:12 PT: Compare Canada with Washington..... Sorry if I seem obsessed with the D.C. lately, but while surfing on some drug policy issues I came across an episode of one my favorite programs -- NPR's This American Life (available on streaming audio using RealPlayer) -- addressing the disproportionate sentences in drug cases and the racial disparity in how those awful sentences are meted out. It also features a wonderful interview with one of our C-News favorites, Eric Sterling, former counsel to the Judiciary Committee responsible for these tragedies.http://www.thislife.org/ra/143.ramThe best part: when an ex-congressman admits he did not know what he was voting for when he voted for "mandatory minimums" and now regrets his vote.Check it out. As host Ira Glass asks, "What's Wrong With This Picture?"http://www.thislife.org/ra/143.ram[ Post Comment ] http://www.thislife.org/ra/143.ram [ Post Comment ] Comment #2 posted by TroutMask on March 15, 2001 at 11:35:52 PT NO KIDDING! Heck yes it would be great!!! Flights from the US to Canada tend to be much cheaper than to Europe, thus greatly reducing the cost of vacation travel. Of course, New Mexico would be even better... [ Post Comment ] Comment #1 posted by Kevin Hebert on March 15, 2001 at 09:56:21 PT: Wouldn't it be great? "Canada's highest court agreed Thursday to hear a convicted pot smoker's claims that federal marijuana laws are unconstitutional because the drug is harmless." Wouldn't it be great if this was all it took? Everyone knows -- even the most ardent anti -- that cannabis isn't really a harmful substance. I just think it would be great if this fact alone was the impetus to legalize cannabis in Canada. And once it's legal in Canada, it will become increasingly hard to justify its illegality here in the good ol' USA. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: