CHAMPION OF MEDICAL WEED GETS ONE OF TWO COUNTS DROPPED

Ted Smith, Victoria's self-appointed champion for people who use
marijuana as medicine, was back in court Wednesday.

Smith, 35, went on trial, this time on a charge of possession for the
purpose of trafficking cannabis resin.

The charge arises from a March 21, 2002, Victoria police search of a
small storefront operation on Johnson Street now called the Cannabis
Buyers' Club.

The operation is what is commonly called a compassion club. These
clubs offer a source of marijuana for use as medicine to people
suffering certain conditions, for example, AIDS or arthritis.

This is the second time Smith has been in court facing charges
resulting from searches on Cannabis Buyers' Club.

In Sept. 2004, after a short trial, Provincial Court Judge Loretta
Chaperon stayed trafficking charges against Smith and Colby Budda,
30.

Chaperon said the charges arose at a time when government had approved
the use of marijuana as medicine but failed to provide a legal source.
People had nowhere to legitimately buy marijuana save places like
compassion clubs.

Now the government grows its own medical marijuana in an abandoned
mine shaft in Manitoba.

The charges that Smith and Budda beat back in September arose from a
police raid on the Cannabis Buyers' Club that occurred less than three
months prior to the raid which now brings Smith back to court.

But in this new trial, prosecutor Michael Lawless rose at the start to
say the Crown was staying one charge of trafficking in marijuana.

Outside the courtroom, Lawless said Judge Chaperon's earlier decision
prompted the Crown move to stay the latest marijuana charge.

But the Crown is still pressing ahead with a second charge, that is
possession of cannabis resin, a different substance according to the
law.

At the very outset Wednesday, defence lawyer Robert Moore-Stewart
attempted to have Smith tried before a judge and jury. But Provincial
Court Judge L. Jeanne Harvey turned him down.

Crown evidence began with police officers identifying various
photographs of the Johnson Street operation's interior and some of the
seized contents including jars of salves and oils.

Defence lawyer Moore- Stewart asked the officers if they are familiar
with the hemp products sold at The Body Shop and if they have ever
known them to be seized or tested for cannabis resin.

One of the officers, Const. Peter Gill, said he had recently seen hemp
products for sale. But Gill said he wasn't impressed.

"I didn't like the smell and I didn't purchase it," said Gill.