MARIJUANA STAYS ILLEGAL IN CANADA

Toronto --- Canada's supreme court upheld the country's current laws
against marijuana possession on Tuesday, even as Prime Minister Paul Martin
presses to eliminate jail sentences for people caught with small amounts of
the drug.

In a 6-3 decision, the justices ruled that possession of marijuana would
remain a criminal offense for now. In a separate, unanimous decision, it
maintained trafficking of the drug was illegal.

The ruling does not preclude Martin from going ahead with a proposed bill
that would soften penalties. President Bush has expressed concerns over the
bill, fearing it could encourage drug smuggling along the border.

The court ruling prompted praise from law enforcement groups but
disappointment from proponents of marijuana legalization.

"My huge patriotism may slowly be dissipating. I have a lot of faith in my
country, in freedom and justice, but it doesn't seem like we have a whole
lot of that left," said Dominic Kramer, a marijuana activist who runs a
store that sells hemp products and paraphernalia in Toronto.

Tony Cannavino, president of the Canadian Police Association, welcomed the
decision but expressed concern over Martin's intent to pursue the
controversial bill. He said marijuana growing seemed to be on the rise.

"We have more and more 'grow ops' across the country," he told reporters in
Ottawa. "You wouldn't see that 10 years ago."

A key question in the Supreme Court decision was whether Parliament has the
constitutional right to punish marijuana possession, given the lack of
proven serious harms from its use.

The high court examined three cases involving two pot activists and one man
who was caught smoking. All three failed to persuade lower courts that the
pot law is unconstitutional.

Defendant David Malmo-Levine took a hit of hash last May before arguing his
case at the high court while dressed head-to-toe in clothes made of hemp
cloth. He once ran the Harm Reduction Club, a nonprofit cooperative in
Vancouver that offered advice on safe marijuana use while supplying it to
some 1,800 members.

Another case centered on Christopher Clay, who ran the Hemp Nation in
London, Ontario, a store he started with a government loan. He sold
marijuana seeds and seedlings in a deliberate challenge to the law.

Alan Young, lawyer for Clay, said his initial disappointment shifted to
anger after leafing through the lengthy decision.

"There's so much smoke and mirrors in this," he said. "This issue has been
a political hot potato that has bounced between Parliament and the courts
for the past decade."

Last week Martin said he planned to reintroduce a bill, first proposed
under former Prime Minister Jean Chretien, that would wipe out potential
jail time and criminal records for those convicted of marijuana possession.

The bill maintained or increased already stiff penalties for large-scale
growers and traffickers. It made possession of less than 15 grams of pot a
minor offense punishable by fines of $100 to $400, much like traffic tickets.

Critics said 15 grams, the equivalent of roughly 15 to 20 joints, was too
much to equate with casual use.

But the legislation died when Parliament adjourned last month to give
Martin a fresh start in January.