LOOSER POT LAWS TO AID THE SICK

But Critics Say Changes Flawed

Health Minister Allan Rock moved yesterday to make Canada the only
country in the world with a government-regulated system for using
marijuana as medicine.

Along with creating three categories of patients who can seek
exemption from the Controlled Drugs and Substances Act, Rock proposed
more flexibility on the amount of pot that can be possessed and the
number of plants a person can grow.

Third parties will be allowed to grow pot if they pass inspection and
record checks.

Alan Young, a law professor, said when the smoke clears, any new
legislation will be well-intentioned but unworkable.

"The caregiver exemption is a progressive step but practically
unworkable. There are few people who will agree to the terms of the
onsite inspections," Young said, adding the feds don't understand the
nature of the underground marijuana-growing community.

WINDOW DRESSING

"It's fundamentally flawed because you can't graft these types of
regulations on an underground enterprise. Either the government has
to do it completely or let people do it themselves. The fewer
restrictions and regulatory obstacles the better because anything the
government does is arbitrary."

One of Young's clients, Jim Wakeford, says the changes are just
window dressing since it's impossible to force an underground
industry to provide a safe, legal supply.

"The fact of the matter is, marijuana in Canada is controlled by the
underground because of prohibition," he said, adding criminal record
checks will mean everyone who has been charged with possession may
not be accepted.

Wakeford, 56, who has had AIDS for eight years, was granted an
exemption in 1999 to cultivate, possess and smoke marijuana to
counteract severe nausea and spasms.

Wakeford's effort to cultivate his own pot has led to a string of
charges. His Uxbridge- area farm was raided on March 2 and his 254
pot plants and 250 grams of dried marijuana were confiscated. His
case was put over to May 16.

Due to a ruling by the Ontario appeal court in the Terry Parker case,
the government must change the Controlled Drugs and Substances Act by
a July 31 deadline.

"(The changes) are all posture and fluff, motivated by the Parker
deadline. The controls they are putting forward aren't viable,"
Wakeford said.

So far, 210 have been given permits to use marijuana.

JOINT EFFORT

Canadians will be able to legally use marijuana as medicine under
proposed new regulations. Applicants will be divided into three
categories -- those in the first category will get easiest access;
those in the second and third must meet stricter requirements.

Category 1

Prognosis of death within 12 months.

Category 2

Severe nausea or pain, anorexia, weight loss or general weakness
associated with cancer, AIDS or HIV infection.

Persistent muscle spasms associated with multiple sclerosis, spinal
cord injury or disease.

Seizures due to epilepsy.

Severe pain due to arthritis.

Category 3

Other medical conditions where conventional treatments have proven ineffective.