CANADA'S HIGH COURT KEEPS MARIJUANA POSSESSION ILLEGAL

TORONTO - Canada's Supreme Court upheld the country's laws against marijuana
possession Tuesday, as Prime Minister Paul Martin is pressing 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 will
remain a criminal offense. In a separate, unanimous decision, it maintained
trafficking of the drug is illegal.

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

The court ruling drew praise from law enforcement groups but disappointed
proponents of legalizing marijuana.

``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.

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

``We have more and more `grow ops' across the country,'' he said 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 harm from its use.

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

Defendant David Malmo- Levine took a hit of hash in May before arguing his
case in person 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
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 to challenge the law.

Alan Young, Clay's attorney, 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.''