JUDGE TELLS FEDS TO PROVIDE LEGAL POT

Poor Marijuana Access Rules Force Sick To Use Drug Dealers, Judge Says

TORONTO -- The federal government's marijuana medical access regulations
were declared unconstitutional yesterday 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 the 18-month-old regulations were so cumbersome it was
virtually impossible for people with medical exemptions to obtain the drug.

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

Judge 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.

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

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," Judge 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" on the
regulations.

"As a result, the regulatory system set in place by the regulations to
allow people with a demonstrated medical need to obtain marijuana simply
cannot work without relying on criminal conduct and lax law enforcement,"
Judge 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 yesterday 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.

Justice Minister Martin Cauchon earlier this week repeated a pledge to
bring in legislation to decriminalize marijuana despite the concerns of
Prime Minister Jean Chretien.

A spokesman for Health Canada said the department was not prepared to make
any comment other than to say it will "review" the ruling.

The new medical marijuana regulations came into effect in July 2001, nearly
12 months after the Ontario Court of Appeal ruled that a blanket
prohibition against marijuana possession was unconstitutional.

Paul Burstein, a lawyer representing the people challenging the medical
regulations, said the federal government was warned repeatedly that the
regulations were unworkable.

"They rolled the dice. They should have to live with the consequences,"
said Mr. Burstein.