POT SELLING GOES ONLINE

Club takes up government slack. Drug laws ended up hurting some people who
needed marijuana most, judge says. By not providing marijuana to those with
medical needs, federal government violated patients' rights, a judge rules

Montreal marijuana activists are growing bolder after winning a crucial
court battle yesterday that allows them to provide the illegal drug to
suffering patients.

The activists immediately set up an Internet site that takes orders for
medicinal marijuana for delivery across Canada via the post office.

"This service is being offered as an interim measure to fill in where the
government has so far failed," said Marc St-Maurice, leader of the federal
Marijuana Party.

Income-tax receipts will be given for the pot as if customers contributed
to the Marijuana Party or the provincial Bloc Pot party.

"It is a donation for political action," Bloc Pot leader Hughes St-Onge said.

The new endeavour came after a judge acquitted St-Maurice and Alexandre
Neron of drug trafficking when they volunteered at the Club Compassion on
Rachel St.

Judge Gilles Cadieux ruled they were providing pot to sick people who had a
right to use it, but had no legal way of getting their hands on it.

Because no pot was available from the federal government, Judge Gilles
Cadieux ruled, a patient's right to life, liberty and security were violated.

Though the belief is controversial, many medical experts say marijuana
alleviates painful debilitating symptoms or lessens the side-effects from
certain treatments.

At the time of the February 2000 raid that nabbed Neron and St-Maurice, the
government hadn't figured out how to provide legal marijuana to patients
with special permits to use it. And it still hasn't.

"This is an important victory," St-Maurice said.

"The judge basically said that what we did was not a crime," he added.

The judge said Canada's system was ineffectual and Club Compassion did its
best with the limited means at its disposal to fill the void.

He said the result is that drug laws set up to protect society ended up
hurting some people who needed it for health reasons.

"Marijuana is not a very dangerous substance and its effects are comparable
to those that result from consuming alcohol," Cadieux added.

The judge's 64-page decision mirrors similar judgments in Ontario and
Alberta in the past few years in favour of patients who need medicinal
marijuana. But it is the first for a Compassion Club, of which there are a
handful across Canada.

Defence lawyer Pierre Leger had wanted the judge to rule the drug laws
unconstitutional when it comes to those with medical needs.

But Cadieux said that type of blanket verdict is only possible for
higher-court judges, and he had to concentrate on this one case.

Leger said legal medicinal pot is still not available widely because most
provincial medical orders prohibit their doctors from prescribing it.

"It is effectively blocked," he said. "We don't have a legal solution. The
solution would be foremost a political one."

The defence lawyer said the verdict leaves Club Compassion with some
protection because police would get the same result if they shut it down again.

While awaiting yesterday's ruling, Montreal police have allowed the club to
function and provide pot to about 40 members.

The case was closely watched by the provincial and federal governments, who
sent lawyers to defend the constitutionality of the drug laws. They said
they need time to decide whether to appeal.

"We will read the judgment closely and take a decision," federal lawyer
Robert Marchi said.

A spokesman for federal Justice Minister Martin Cauchon said his office
will review the decision.

St-Maurice said he is ready for more arrests because of the new mail-order
marijuana service.

"We are used to it," he added.

The Internet site is geared to people in smaller towns and rural areas far
from Compassion Clubs. People will need either a doctor's diagnosis or a
sworn declaration indicating their illness if their doctor won't co-operate.

The delivery service is a joint venture with other Canadian clubs so if
police raid one place, the drug can be sent from another. The pot won't be
in marked envelopes.

The price - 2 grams for $30 or 10 grams for $120 - is more expensive than
on the street right now, St-Maurice said, but it comes with a guarantee of
delivery.

The non-profit group said it will use whatever money it makes to continue
the political fight to legalize marijuana.

"That's better than paying for another car or motorcycle for some guy in
organized crime," St-Onge said.

As soon as the government can provide marijuana as it promised, the on-line
service will stop.

St-Maurice said he checked Canada Post guidelines, and the only
restrictions are on sending hazardous materials by mail.

News of the mail-order pot surprised Canada Post.

"To our knowledge, marijuana is still an illegal substance in Canada and
you cannot send an illegal substance by mail," spokesman Catherine Lortie said.

If drug-sniffing postal dogs find suspicious packages, the packages will be
opened and given to police, she added.

The tax receipts could be another problem, even though the Marijuana Party
is a legal political party. Revenue Canada, which defines what is
considered a political donation, did not return calls.

[sidebar]

Timeline

May, 1997- Compassion Club of Vancouver founded.

Oct. 1, 1999 - Carolyn Doyer and Caroline Bergeron open Montreal Compassion
Club on Rachel St. E., across from police Station 38. The club sells pot to
patients who have a doctor's note for about $8 per gram.

It receives 30 calls in its first week.

Feb. 9, 2000 - In a police raid, club volunteers Marc St-Maurice and
Alexandre Neron are arrested on charges of possession and drug trafficking.
The police seize 66 grams of pot, worth at most $600 on the street. The
club is shut down.

April 2000 -The club reopens.

Feb. 19, 2001 - Trial of St-Maurice and Neron begins.

April 23, 2002 - At the trial, Judge Gilles Cadieux says Canadian drug laws
banning the sale of marijuana to sick people who have been granted
permission to use the drug are unconstitutional.

Cadieux says the federal Charter of Rights and Freedoms protects the right
to liberty and security of the person.

He suggests such rights include the use of cannabis by patients who have
been granted a medical exemption and who can be demonstrated to benefit
from using the drug.

September 2002 -The club suspends operations late in the month.

November 2002 - The club reopens.

Dec. 3 - Cadieux postpones his ruling in the matter for the 10th time.

Dec. 19 - Cadieux acquits Neron and St-Maurice.

The case had featured:

- -23 procedural delays and postponements since November 2000.

- -10 postponements of the judgment.

- -9 rescheduled hearing dates.

- -4 delays because of requests from lawyers or the court.

Source: Gazette files