HIGHEST COURT TO HEAR POT LAW CHALLENGE

Hemp Shop Owner Says Marijuana Is Harmless

OTTAWA (CP) - Canada's highest court agreed today 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.