MEDICAL MARIJUANA USE LAWS GONE TO POT?

Turner Pushing For Reform Of Law Surrounding Use In Public

Halton's Member of Parliament has convinced Canada's health minister
to re-examine the use of medical marijuana in public places following
recent news reports of a Burlington bar owner being taken to the Human
Rights Tribunal of Ontario by a former patron.

Garth Turner, Liberal MP for the riding of Halton, which includes
parts of north Burlington and Oakville, told the Champion's sister
newspaper, the Burlington Post, he recently received a response to a
February 11 letter he sent to federal health minister Tony Clement.

"Under the current regulations there are no limits on where the
medical practitioner can utilize the prescribed (marijuana)
medication, an oversight which has led to unfortunate consequences in
my riding and, I am sure, in other jurisdictions of Canada," Turner
wrote in his letter to Clement.

"This is a matter that must be addressed, as it affects the health of
Canadians who have no wish to be exposed to marijuana, or second-hand
smoke.

"Numerous jurisdictions around the world have legalized medical
marijuana and many of them have also regulated where it can be used.
It is time for Canada to follow their example and implement crystal
clear and enforceable restrictions on the use of medical marijuana in
public spaces," Turner's letter concluded.

The MP said he's siding with Ted Kindos, the longtime owner of Gator
Ted's restaurant/bar on Guelph Line. Kindos is awaiting a Human Rights
Tribunal of Ontario hearing in May following failed Ontario Human
Rights Commission mediation talks in the wake of claims of
discrimination by former longtime customer Steve Gibson.

Gibson, 42, a local resident who has a federal licence to smoke
medical marijuana for a job-related neck injury in 1989, believes he
was unfairly treated by Kindos three years ago when he was first asked
to stay further away from the bar's entrance than regular cigarette
smokers and later told by Kindos not to smoke his legal pot anywhere
near the Gator Ted's property.

Kindos, 42, counters that bar patrons had complained about the
marijuana smoke.

Gibson contends that he should have been able to light up his legal
weed and stand in the same area where tobacco smokers congregate,
which he says is often within 10 feet of the bar's entrance. He has
said he has never asked or demanded to be allowed to smoke inside
Gator Ted's and that he's not seeking such treatment through his human
rights case.

Kindos told the Post he tries to keep cigarette smokers at least 10
feet away from the front of his business. He said he eventually asked
Gibson to stay at least 100 feet from the bar when he smokes his marijuana.

The City of Burlington banned all smoking in restaurants in January
2006, in advance of a similar provincial ban that took effect in May
2006. The Gibson-Kindos showdowns outside the restaurant occurred in
May 2005.

The press secretary for Tony Clement sent the Post an e-mail response
when asked if the health minister had received a letter from Turner
seeking action by his office on the general issue of medical marijuana
use in public places.

"Yes, we agree, marijuana smoke contains a large number of chemicals
which can be very damaging to human health. A recent New Zealand study
indicated one marijuana cigarette could do as much damage as a pack of
20 tobacco cigarettes," said Laryssa Waler, on behalf of Clement.

"We also agree that individuals who do not smoke licenced marijuana
should not be exposed to the harmful effects of the smoke. We are
willing to explore ways in which we can protect Canadians from
exposure to marijuana smoke."

Turner is ecstatic with the minister's quick response.

"It looks like the government's initial reaction is that they agree
(with me) so that's a very positive development.

"I'm not sure this will help the restaurant guy (Kindos) in the
immediate short-term with his human rights case, but it might. His
lawyer might be able to even use this information to prove that the
government that drafted the law says it's faulty. I think it's great
news and definitely in the future it should help us avoid this kind of
a situation."

Turner said he has talked to Kindos once and Kindos's lawyer a couple
of times to receive background information about the human rights case.

"We're working together and seeing if we can get some damn common
sense in government. One of the first things we did was find out if
there is a bylaw in Burlington related to smoking outside and there
isn't, so this is a completely grey area," said Turner.

"The point is, nobody should be exposed to second-hand smoke. The bar
owner has got to have some assurance that some guy's not going to come
into his bar under the influence of drugs as that endangers his liquor
licence. That's why we need restrictions on this federal law. If he
(Gibson) has to do it (smoke marijuana) in a private place, then
that's not going to be a sidewalk," he added.

Turner said that if Clement stalls on making changes to the Controlled
Drugs and Substances Act, which regulates marijuana, he will introduce
a motion in Parliament asking for a limit on the use of medical
marijuana "to private residences and other designated locations."

Kindos told the Post he appreciates the support he's getting from
Turner and the general public. He has said that the legal bills he
faces may put his bar on the brink of bankruptcy.

"The support has been unbelievable. Since (February 8) we've been
averaging about 100 to 200 e-mails a day."

Kindos said he's even had several medical marijuana users come into
the bar to say they advocate only smoking their legal pot in private
locations.

Gibson couldn't be reached for comment on Turner's efforts on behalf
of Kindos.