MARIJUANA CLUB OPERATOR LIKENED TO MOTHER TERESA

Client 'compelled By Altruism,' Lawyer Tells Court

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 was told 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 such as AIDS, hepatitis C or arthritis.

Clients were asked for written proof of their condition, such as 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 the abortion clinics of Dr. Henry Morgentaler. 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, the lawyer said.

"It was always about safety of the individuals involved and the safety of
the supply," he said.

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

He said Smith is not a doctor and therefore should not be taking it upon
himself to prescribe a drug treatment like marijuana. Also, Lawless said,
testimony indicated 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," he said.
"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 decision until July 14.