UP IN SMOKE

FEDERAL politicians got a sharp nudge in the ribs from the judiciary
Monday when Canada's law prohibiting possession of marijuana was
unanimously declared unconstitutional by the Ontario Court of Appeal.

The possession law was held to violate the Charter of Rights and
Freedoms because it fails to adequately provide legal access to
marijuana by those who have a justified medical need of the drug.

The Liberal-created, if not very liberal, Controlled Drugs and
Substances Act of 1996 allowed that the Health Minister could exempt
drugs from the provisions of the act if the drugs in question serve a
"medical or scientific purpose." But it took two years and a lawsuit
for the health ministry to even create an application procedure. And
when such applications were finally granted -- some 60 in the last
year -- there was still no legal way for the few with permission to
obtain their drugs.

It's hard to believe that such callous foot-dragging was countenanced
by politicians who are always closely attuned to public opinion.
Surveys showed that four out of five Canadians supported medical use
of marijuana.

But the pols have a year to redeem themselves on the pot issue. That's
how long the court has given the government to appeal to the Supreme
Court of Canada, amend the law or let it die -- effectively legalizing
simple possession. The latter would be the simplest solution. While
punishing misuse of the drug on the job and behind the wheel would be
necessary, legalization of simple marijuana possession would save
taxpayers a fortune in police and court costs.