MAN PAINTED AS MOTHER TERESA OF POT

Compassion And Altruism Motivated Smith To Supply Medical Marijuana, Lawyer
Says

Richard Watts CanWest News Service

VICTORIA - Like Mother Teresa helping lepers in India, Ted Smith was
compelled by compassion to sell marijuana to the sick of Victoria, a
provincial court judge heard this week.

Defence lawyer Robert Moore-Stewart said compassion and altruism, which at
their most extreme compelled Mother Teresa to help lepers, moved Smith to
supply medical marijuana.

Smith's "circumstances put him in touch with these individuals in need of
medical marijuana," said Moore-Stewart at Smith's trial Wednesday. "He was
compelled by altruism."

Smith, 35, a long-time marijuana activist and Colby Budda, 30, stand
charged with trafficking following a Jan. 3, 2002 police raid at a store
commonly referred to as a compassion club. Marijuana was sold to people
with chronic illnesses or conditions, like AIDS, Hepatitis C or arthritis.

Clients were requested for written proof of their condition, like a
doctor's note. At the time of the arrest, the club had approximately 800
members.

Moore-Stewart also made comparisons between Smith's medical-marijuana
operation and Dr. Henry Morgentaler's abortion clinics. Like Morgentaler,
who broke the law providing abortions to keep women from back-street
clinics, Smith broke the law to save his clients from black-market drug
dealers, he said.

"It was always about safety of the individuals involved and the safety of
the supply," said Moore-Stewart.

Crown prosecutor Michael Lawless, in his closing remarks, took issue with
the level of medical proof Smith was demanding of customers.

Smith is not a doctor and therefore should not be taking it upon himself to
prescribe a drug treatment like marijuana, he said. Also, Lawless said
testimony indicates Smith's club, despite assertions it was non-profit, was
pulling in as much as $2,000 a day.

Lawless said it was not all about compassion. "Mr. Smith lives off the
profits of the store."

"Mr. Smith is in fact the black market," said Lawless. "He is acting
outside the law."

"That he has a political agenda to fashion is clear," he said. "But that's
an issue for him to take up with Parliament while he acts in compliance
with the law."

Judge Loretta Chaperon reserved her verdict until July 14.

But Chaperon indicated she agrees with at least some of Smith's arguments.
At the time of Smith's arrest, the federal government had approved
marijuana for medicinal use but it had yet to provide it.

"It's a Catch-22 situation for these people," said Chaperon.