MEN ACCUSED OF TRAFFICKING MARIJUANA TO TEST LAW

Montreal Men Accused Of Trafficking Marijuana For Medicinal Use To Test Law

MONTREAL (CP) - Two men accused of selling marijuana for medicinal
use will argue the law against trafficking is unconstitutional and
prevents the chronically ill from getting the drug to ease their
suffering.

Marc-Boris St-Maurice, the 32-year-old leader of the federal
Marijuana Party, and Alexandre Neron, 22, appeared in Quebec court
Monday for their trial on possession and trafficking charges. They
were arrested last year after police raided the Compassion Club in
Montreal and seized 66 grams of marijuana. The club, one of several
across the country, provides marijuana to members who demonstrate a
medical need.

Defence lawyer Pierre Leger questioned police witnesses Monday about
the legality of the raid. But St-Maurice said outside court the
pair's main defence will be to challenge the law prohibiting the
trafficking of marijuana.

"We're claiming the law against trafficking is unconstitutional
because it does not allow for those who have a constitutional right
to use it from a legitimate supply," St-Maurice said in an interview.

"And there's no legitimate supply."

However, last December the federal government chose a Saskatoon
company to provide Canada with a legal supply of marijuana for
medical and research purposes. The $5.75-million contract requires
that standardized quality marijuana be available within a year.

But St-Maurice said Ottawa hasn't acted fast enough to make sure
people who need the drug can get it.

"If a supply is forthcoming our political activity had a lot to do with that."

Since 1999 the Health Department has granted at least 140 people
wishing to use marijuana for medical reasons with exemptions to the
law banning its use.

Last summer, the Ontario Court of Appeal declared Canada's cannabis
law to be unconstitutional and gave Toronto resident Terry Parker the
right to ingest marijuana to fight his epilepsy.

The appeal court ruled federal law fails to recognize that pot can be
used for medicinal purposes and gave Parliament one year to rewrite
the drug legislation.

St-Maurice and Neron have said they were merely helping people
suffering from AIDS, cancer or other chronic illnesses who provided
doctors' notes stating they needed marijuana to relieve pain.

St-Maurice said having to fight the charges has diverted his energy
from helping people.

"It's a shame it has to come to this . . . We could be doing so many
better things - instead of protecting ourselves we could be helping
others."

Several supporters wearing green ribbons to express their solidarity
with the accused filled the courtroom.

One supporter said he uses marijuana on a daily basis to cope with
the effects of a vicious assault that left him unable to sleep or eat
without the drug's help.

"These people shouldn't be here," said Johnny Dupuis.

"They should be free to walk out. Enough is enough - people are sick."

Quebec court Judge Gilles Cadieux was expected to rule Tuesday on the
defence lawyer's challenge of the search warrant that led to the
police raid of the Compassion Club last year.

Leger argued there were flaws with the Crown's evidence that led to
the warrant.

An undercover police officer testified Monday that he saw St-Maurice
sell a bag of marijuana to a woman last February.