POT ADVOCATE SMITH GUILTY OF TRAFFICKING

Marijuana advocate Ted Smith was found guilty Thursday of trafficking
when he passed out joints at a pro-marijuana rally at the University
of Victoria.

Provincial Court Judge Judith Kay handed down the verdict after
systematically rejecting every single point or argument in Smith's
case. Kay, meanwhile, stayed a charge of possession for the purpose of
trafficking.

Smith was arrested on Nov. 8, 2000 after a rally at the University of
Victoria. Smith spoke to a crowd of between 30 and 50 on the benefits
of marijuana and the unfairness of laws prohibiting it.

He then lit up several joints and passed them out.

After the rally, undercover officers, investigating a complaint from
campus security, moved in and arrested Smith and seized some marijuana.

Smith is the founder of Victoria's Cannabis Buyers' Club, a Johnson
Street based compassion club. It supplies marijuana to people with
incurable diseases or other illnesses.

During the trial, Smith tried to argue the marijuana was medicinal.
Various arguments based upon the Charter of Rights and Freedoms were
also advanced. But Kay rejected any assertions Smith was using the
marijuana for anything other than recreational purposes.

She also rejected every one of Smith's assertions that his rights, as
defined by the Charter of Rights and Freedoms, had been violated.

Kay said there was no unreasonable tyranny at work when Smith was
arrested. "This was not a capricious, despotic or unlawful form of
arrest," she said.

And Kay rejected the notion Smith was the victim of discrimination
just because he was a marijuana user. The judge didn't agree his
freedom of conscience was breached.

"He was arrested not for his thoughts but for his actions -- what he
was doing with the marijuana," said Kay.

"This is a lifestyle choice which does not attract charter
protection," she said.

Smith will be sentenced on Feb. 2. Smith's charge, trafficking in
under three kilograms of marijuana, carries a maximum penalty of five
years less one day.

He is also facing another charge of trafficking for passing out
cookies at the Victoria Public Library, also in 2000. That trial is
scheduled for March.

Outside the courthouse Smith vowed he would appeal the guilty verdict
all the way to the Supreme Court of Canada if necessary.

"I don't think I'm guilty of a crime at all. I've done nothing but try
to help people in this community," said Smith.

He is fully prepared to accept whatever consequences come his way when
it comes to sentencing. Unlike most people charged with marijuana
offences, who Smith called the true victims, he said he has always
been prepared.

"If I'm the scapegoat in this campaign then it's something I stood up
to the plate for," said Smith.

This is the second guilty verdict for Smith. Earlier this month he was
found guilty of possession of cannabis resin for the purpose of
trafficking. He was handed a nine-month conditional discharge.

The cannabis resin charge arose from a 2002 police raid on the
Cannabis Buyers' Club. Cookies, massage oil and ointments were seized
and analysis later revealed them to contain cannabis resin.

Both these recent guilty verdicts came after trials which were
conducted in marked contrast to the trial of a possession charge back
in September which ended with a stay of proceedings.

During that trial Smith managed to introduce personal testimony along
with expert scientific evidence on the medical harms and benefits of
marijuana.

There was also argument surrounding the illogic of the federal
government's position at the time.

At the time of the 2002 arrest, the federal government had agreed to
allow marijuana to be used medicinally but failed to identify a legal
source. This forced sufferers to rely on compassion clubs or the black
market.

Now the federal government grows its own marijuana in a mine shaft in
Manitoba for medicinal users.