COURT DEALS NEW BLOW TO OTTAWA'S POT RULES

TORONTO -- The federal government's marijuana medical access regulations
were declared unconstitutional Thursday because they force sick people to
rely on "drug dealers" to supply their medicine.

Ontario Superior Court Justice Sidney Lederman was asked to determine the
constitutionality of the regulations after seven chronically ill people and
the founder of a Toronto-based compassion club launched a challenge last
year arguing that the 18-month-old regulations were so cumbersome it was
virtually impossible for people with medical exemptions to obtain the drug.

Lederman said the federal government must find a way to "provide for a
legal source and supply" of marijuana for medical purposes.

Lederman's ruling is yet another legal blow to the federal government's
marijuana policies. Last week, a lower court judge in Windsor, Ont., found
there was no law banning possession of small amounts of marijuana because
the federal government failed to enact new legislation as ordered by the
Ontario Court of Appeal in July 2000. The Justice Department is appealing
that ruling.

Lederman suspended his decision from taking effect for six months to give
the government time "to fix the MMAR."

The veteran Superior Court judge said the federal government has the right
to enact regulations to govern the distribution and use of marijuana for
medical purposes, even if some of the rules appear unfair. "The principles
of fundamental justice do not hold Parliament or the government to a
standard of perfection," Lederman wrote in his 38-page decision.

But he suggested the current regulations fall far short of perfection and
referred to the "absurdity" of the current scheme.

"There is simply no way for individuals to obtain marijuana seeds in Canada
under existing laws, given the (health) minister's inaction under s. 51 of
the MMAR. As a result, the regulatory system set in place by the MMAR to
allow people with a demonstrated medical need to obtain marijuana simply
cannot work without relying on criminal conduct and lax law enforcement,"
Lederman wrote.

"Laws which put seriously ill, vulnerable people in a position where they
have to deal with the criminal underworld to obtain medicine they have been
authorized to take, violate the constitutional right to security of the
person . . . it does not lie in the government's mouth to ask people to
consort with criminals to access their constitutional rights," the judge added.

Legal arguments in the Ontario case concluded nearly three months ago. But
the Justice Department said Thursday that it was not prepared to comment on
the ruling.

"Counsel are carefully considering the reasons in the decision and will
advise the minister accordingly on the next step to take," said Dorette
Pollard, a spokeswoman for the Justice Department.