PARLIAMENT HAS THE RIGHT TO BAN POT, COURT DECIDES

Trio Fail To Convince Justices That Law Is Unconstitutional

The Supreme Court of Canada's decision yesterday to uphold the federal
government's right to outlaw marijuana upset pot advocates, who believed
history's tide was on their side.

Vancouver pro-marijuana activist David Malmo-Levine said he was "totally
bummed out" by the 6-3 ruling to uphold federal law making possession of
small amounts of pot illegal.

"I was dreaming of a green Christmas with a pot plant under every tree,"
Malmo-Levine, 32, one of three men spearheading the legal challenge, told
The Province.

"But they Grinched out on us. Their hearts are two sizes too small.

"They could have waited until after Christmas, but this . . . it's a lump
of coal in every stocking."

Malmo-Levine, Langley's Victor Caine and Chris Clay of London, Ont., had
tried to convince the high court that current pot penalties compromise
constitutional guarantees of fundamental justice. They argued smoking pot
is a harmless activity.

But the top court said the ban on possessing even small amounts of
marijuana doesn't violate the Charter of Rights and Freedoms and,
accordingly, is constitutional.

"We conclude that it is within Parliament's legislative jurisdiction to
criminalize the possession of marijuana, should it choose to do so," the
82-page ruling said. "Equally, it is open to Parliament to decriminalize or
otherwise modify any aspect of the marijuana laws that it no longer
considers to be good public policy."

The Supreme Court also upheld federal law that makes it illegal to possess
marijuana for trafficking by a 9-0 count.

The Canadian Professional Police Association was pleased with the rulings,
but president Tony Cannavino said: "We will continue to oppose any
legislation promoting the decriminalization of marijuana before a clear-cut
national drug strategy and proper tools and training are in place."

Prime Minister Paul Martin has said he plans to go ahead with legislation
similar to the bill introduced under Jean Chretien. It would decriminalize
possession of small amounts of pot and wipe out criminal penalties.

The old bill, which died when Parliament shut down last month, would have
made possession of less than 15 grams of pot -- about 15 to 20 joints -- a
minor offence punishable by fines ranging from $100 to $400. It also was to
maintain or increase already stiff penalties for traffickers and larger
growers.

Marc Emery, of the B.C. Marijuana Party, said he was "disappointed" by
yesterday's rulings.

"We're disappointed, and that ends the litigation through the courts to
rectify this prohibition situation, but I'm not discouraged," Emery said.
"We're going to concentrate our energies on supporting the [New] Democratic
Party in the federal election."

Malmo-Levine, who served a two-year conditional sentence after being
arrested in 1996 for operating the Harm Reduction Club, which sold pot and
offered advice on its safe use, vowed to set up the Ounces of Prevention
Club -- selling pot on preventative-medicine grounds.

Philippe Luca, with the Vancouver Island Compassion Society, said the court
had an opportunity to issue a ruling "based on science and reason."

"I'm disappointed that instead we're going to be spending another $340
million or so this year on maintaining cannabis prohibition and
criminalizing another 50,000 Canadians for behaviour that's neither harmful
to themselves nor society," he said.

Caine said he was pleased the issue reached the high court.

"I think we've all sort of come out of the closet," said Caine. "Ten years
ago, I was viewed as a criminal, then I became an outlaw, [but] I think
maybe I'm just naughty now."

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POT FACTS

- - Estimated number of grow-ops in B.C.: 12,000 to 15,000.

- - The B.C. marijuana industry takes in about $4.8 billion a year, about 3.6
per cent of the province's economic output.

- - Cost for average size grow-op set-up (100 plants): $100,000. Three
10-kilogram harvests per year can generate $180,000, meaning the return on
investment is a staggering 80 per cent.

- - Chances of having a grow-op busted: Five per cent. Only 13 per cent of
those caught with pot were charged in 2001 in B.C. compared to a nationwide
rate of 60 per cent.

- - Police link marijuana with organized crime groups like the Hells Angels
and Vietnamese gangs, who control an estimated 85 per cent of grow-ops.

- - Between 1997 and 2000, there were 12,000 criminal pot cases in B.C., and
18 per cent resulted in jail terms. The average length of sentence was just
under five months.

- - From 1995 to 2000, 15 B.C.ers were electrocuted in grow-ops.

- - According to a poll by the Strategic Council, 56 per cent of B.C.ers want
pot decriminalized -- the highest number in Canada -- while 38 per cent
want possession to remain a criminal offence. Quebec was second, with 51
per cent supporting decriminalization.