WINDSOR LAWYER CONTESTS POT LAW

A Windsor lawyer's challenge of the law that makes it a crime to possess
small amounts of marijuana could have widespread repercussions if he is
successful, a judge said Wednesday.

Brian McAllister is arguing that his 16-year-old client should be acquitted
of possessing marijuana because the law is invalid.

Ontario Court Justice Douglas Phillips declined to hear arguments in the
case Wednesday, saying the provincial and federal attorney generals offices
should be given more time to decide whether they will intervene.

"The consequences are of import not just to this young person but to the
public at large," he said.

McAllister's challenge is based on a July 31, 2000, decision by the Ontario
Court of Appeal striking down the federal law prohibiting the possession of
less than 30 grams of marijuana.

The court found in the case of Terry Parker of Toronto that the law
violated the rights of sick people who use marijuana for medical reasons.
It gave the government a year to revamp the law and correct the problem. If
not, the law prohibiting marijuana possession would become invalid.

The federal government responded with the Marijuana Medical Access
Regulations, which went into effect July 31 of last year. Under the new
rules, those who use marijuana for medical reasons can do so legally if
they meet certain requirements.

But that wasn't enough, McAllister is arguing. To satisfy the appeal court,
Parliament needed to re-enact the law prohibiting the possession of less
than 30 grams of marijuana, he says in a court document laying out his
position.

Its failure to do so by the appeal court's deadline has left the door open
for legal challenges to any marijuana possession charges laid in Ontario as
of Aug. 1, 2001, McAllister said. The appeal court's decisions are binding
on Ontario courts, but also influence cases across the country.

"The Crown's argument is that the government responded appropriately to the
Parker decision by enacting regulations which deal with the issue of the
medicinal use of marijuana," said Richard Pollock, head federal prosecutor
for drug cases in Windsor.

McAllister's client, who can't be identified because of his age, is charged
with possessing less than 30 grams of marijuana when he was stopped by
police on a Kingsville street April 12.

"We're confident that this young person's case will be dealt with on its
merits" which don't appear to have anything to do with the medical use of
marijuana, Pollock said.

Christine Malott, the federal prosecutor handling the case, told the judge
that McAllister's challenge should be heard in the higher Superior Court.

"From a common sense point of view, this would -- if Mr. McAllister is
successful -- result in a finding by this court that having marijuana is
not illegal," she said.

Phillips said he will hear arguments on that issue Dec. 27.

POT CHARGES

Number of charges laid for possessing less than 30 grams of marijuana in 2001:

* Windsor: 331

* Ontario: 12,634

* Canada: 25,398

Source: Canadian Centre for Justice Statistics

ROLLIN'

If 30 grams of marijuana was rolled into joints of an average size as
described by the White House drug policy Web site, it would produce 78 joints.