POT LAWS CHALLENGED AT SUPREME COURT

OTTAWA - Lawyers for the federal government began Supreme Court arguments
Tuesday to defend marijuana laws that the prime minister says he wants to
repeal.

The court is being asked to throw out criminal penalties in three cases for
possession of small amounts of pot.

Arguing that marijuana is harmless, the convicted smokers are challenging
the constitutionality of the country's possession laws.

David Malmo-Levine was convicted ten years ago in Vancouver on charges of
possession and trafficking. He ran the city's Harm Reduction Club, which
offered safety advice for marijuana users.

He says he smoked pot before appearing in court to help him "focus and be
attentive." He wants marijuana legalized, not decriminalized.

Paul Burstein, a lawyer representing one of the two other men involved in
the challenge, is only fighting for decriminalization. He said Ottawa is
using the "heavy hammer" of the criminal law to prevent what he says is a
harmless activity.

"What's the harm the criminal prohibition is trying to prevent? Can't you
come up with a less severe way to deal with the problem?" asked Burstein.

Federal lawyer David Frankel said the law should be upheld because it deters
drug use.

Federal Justice Minister Martin Cauchon and Prime Minister Jean Chretien
have both said they intend to introduce laws to decriminalize pot, although
it's unlikely the new laws will be passed before the next federal election.