POT RULES ARE RULES: CROWN

Medicinal-Marijuana Suppliers Challenge Drug-Trafficking Charges

Even if some people think recent federal regulations on the supply and
distribution of medical marijuana aren't adequate, a lower-court judge
can't decide to fix them by quashing charges against unauthorized pot
distributors, a federal prosecutor argued in court yesterday.

But a judge could stay charges until the situation is resolved, the
prosecutor told Justice Gilles Cadieux of Quebec Court during final
arguments in the trial of two Compassion Club of Montreal volunteers.

Marijuana Party leaders and activists Marc St-Maurice and Alexandre Neron
were charged with marijuana possession and trafficking following a raid on
the Rachel St. centre more than two years ago. About 66 grams of marijuana
were seized. The men contend the laws used to charge them are unconstitutional.

In affidavits filed yesterday, Cadieux learned of some of the practical
problems with the medical marijuana regulations which came into effect last
August. The testimony was given by affidavit because one witness is in
failing health and unable to attend court.

Caroline Doyer, the club's director, said she had been unable to acquire a
license to supply marijuana to sick people - and hasn't yet received
information about how to obtain the license. Both she and Claude Messier, a
club member who suffers from muscular dystrophy, told the judge that one
problem Quebecers face is the position taken by the Quebec College of
Physicians.

Requirements 'Unclear'

The college has told its members they shouldn't prescribe marijuana even if
patients have been granted a federal exemption. Messier informed the judge
that Health Canada required that he get a second opinion about his need for
marijuana to relieve the pain and symptoms of his rare disease but
specialists are hard to find - let alone specialists who would defy the
college.

Defence lawyer Pierre Leger said volunteers are required "to navigate"
through unclear federal requirements and barriers raised by the college.

He asked that Cadieux provide a "constitutional exemption" for those who
provide marijuana to people in need. Compassion Club requires that its
members have recommendations from their doctors to use marijuana.

Federal prosecutor Robert Marchi told Cadieux that if the Compassion Club
doesn't like the new regulations, it should challenge them, not
drug-trafficking laws. Or perhaps, it should go after the doctors' college.

"You are not here to decide the wisdom of the regulations," Marchi said.
"You don't have the tools" to fix them.

The Compassion Club of Toronto has launched a constitutional challenge of
the regulations, the court heard. and a ruling in that case could be
delivered in the fall.

If trafficking charges against St-Maurice and Neron were deemed
unconstitutional, then others charged would claim they, too, were supplying
the drug to the sick and needy, Marchi said.

Cadieux is to rule on Aug. 29.