SMITH FOUND GUILTY OF TRAFFICKING BUT AVOIDS RECORD

Ted Smith, Victoria's self-appointed champion of medical marijuana, was
convicted Friday of drug trafficking.

Provincial court Judge L. Jeanne Harvey convicted Smith, 35, on a charge of
possession for the purpose of trafficking in cannabis resin, following two
days of evidence. He was handed a nine-month conditional discharge.

Smith is the founder of Victoria's Cannabis Buyer's Club. It's an operation
generally called a compassion club. These clubs exist to supply members
with a supply of marijuana to use as medicine for various conditions or
diseases like arthritis or epilepsy.

The charge against Smith arose from a March 21, 2002, search of the club's
Johnson Street offices. Police seized marijuana, cookies, massage oils,
salves and oil-filled capsules called Ryanol.

The cookies, oils and salves were tested by Health Canada and shown to
include cannabis resin, a prohibited substance.

This was the second trial for Smith. Last September, a charge of
trafficking in marijuana against him was stayed.

At that time, B.C. provincial court Judge Loretta Chaperon said the charge
came at a time when government had approved marijuana as medicine but
failed to identify a source.

This inconsistency led her to stay the charge.

The charge Chaperon dealt with arose from a search less than three months
before the search that earned Smith his Friday conviction.

Prompted by Chaperon's decision, prosecutor Michael Lawless announced at
the outset of this most recent case the Crown would be staying a marijuana
charge. But the Crown followed through with the cannabis resin charge for
the cookies, oil, ointment and capsules.

During the trial, Smith testified he made the products by steeping
marijuana leaves in various oils or butter and heating them in a double
boiler. After they were strained, these oils were bottled, poured into
capsules or used to bake the cookies.

Also testifying for Smith were three people who said they used the products
to treat a variety of debilitating ailments or conditions.

But Harvey was critical of Smith's defence, saying he seemed determined to
offer evidence or testimony about marijuana when he was charged with
possessing cannabis resin.

Government has not declared cannabis resin to be legal as medicine. It
remains a prohibited substance under the law.

But Harvey said the defence had offered no testimony from experts to
explain what cannabis resin is or even where it comes from. And Harvey said
she heard no legal arguments or expert testimony to suggest cannabis resin
deserves the same exemption as marijuana.

"There is no right to possess cannabis resin according to the law. There is
no right, there is no exemption," she said, just prior to sentence.

"If you thought I was going to make an exemption without hearing expert
evidence then that was extremely naive," Harvey told Smith.

As she delivered her sentence the judge rejected calls from the Crown for a
conditional sentence, which automatically would have given him a record. If
Smith abides by his conditions, his record will be clear.

Harvey made a point of not putting any conditions that would forbid Smith
from contact or activity with the club. The only condition on his discharge
is the standard one declaring he is "to keep the peace and be of good
behaviour."

"I don't look upon you as a dangerous man. I look upon you as someone who
is trying to change the law," said Harvey.

"All your motives are pure, altruistic compassionate and you are not making
any money at this," she said.