POT LAWS IN LIMBO -- BUT THAT'S NO LICENCE TO LIGHT UP

CANADA'S marijuana laws may be in limbo, but legal experts say Manitoba pot
smokers shouldn't view that as their ticket to freedom.

Ontario's highest court ruled Monday that the law prohibiting possession of
marijuana was unconstitutional and gave federal justice officials one year
to amend it. If that isn't done, the law in Ontario would be struck down
and other provinces would likely follow out of precedence.

"This may buy people a lot of time. But it won't buy them an acquittal,"
defence lawyer Jay Prober said yesterday.

"You can rest assured they will either make the necessary changes or appeal
the decision to the Supreme Court."

Ontario's Appeal Court ruled Canada's marijuana laws fail to recognize that
people who suffer from chronic illnesses can use pot as medicine. Under the
current Controlled Drugs and Substances Act, it is illegal to possess and
cultivate marijuana but people who need it for medicinal purposes can apply
for exemptions.

Ontario's highest court is asking that the exemption be written into the
law, to prevent unnecessary charges.

"I was very surprised. I thought the provisions cover that, and I don't
know why anything more needs to be done," said Insp. Gary Walker of the
Winnipeg police vice division. "It will be business as usual for us, but
we'll have to see what the feds do in response."

Walker doesn't have a problem with the medicinal use of marijuana, provided
there is a good system of checks and balances, he said.

Last month, an HIV-positive Winnipeg man was cleared to continue to grow,
and smoke, marijuana following a lengthy legal battle that ended when
Health Canada gave him a medical exemption.

The provincial justice department said yesterday that no precedence had
been established by Monday's ruling but they will watch any developments
with interest.