A CHRONIC OFFENDER

As befits his status as leader of the British Columbia Marijuana Party,
Marc Emery really, really digs his pot. A self-described "devotee," he
describes it as "the most beautiful, perfect plant ever put on this Earth."

Saskatchewan provincial court judge Albert Lavoie does not share this
groovy enthusiasm. Last week, Judge Lavoie sentenced Mr. Emery to three
months in jail for trafficking -- all because he passed one joint to
someone else in a downtown Saskatoon park earlier this year.

This editorial board has made no secret of its view that marijuana
possession should not just be decriminalized but outright legalized. But
even those Canadians who support the law as it currently stands must agree
that Mr. Emery's sentence is over the top.

True, the defendant's 10 previous marijuana-related convictions suggest he
is something of a chronic offender, and this undoubtedly influenced the
judge's decision. But what Mr. Emery did had nothing to do with
"trafficking," any more than offering a friend a sip of beer amounts to
selling alcohol without a license. For him to spend several months behind
bars, tying up space and resources that could be reserved for real
criminals, is an affront to Saskatchewan taxpayers.

Of course, Mr. Emery -- one of this country's most outspoken pot crusaders
- -- may find considerable benefit in being locked up. Having spent much of
his time and energy trying to demonstrate the absurdity of our draconian
approach to soft drugs, he must be pleased to be serving as living proof.