POT LAW UNCONSTITUTIONAL, COURT RULES

When the Ontario Court of Appeal ruled on Monday that Canada's
marijuana-possession law is unconstitutional, Catherine Devries of
Kitchener was ecstatic.

"I'm glad to hear of the ruling because it gives more validity to the
cause," said Devries, who suffers from a painful back disorder that's
forced her on to a disability pension of $960 a month.

The "cause" she mentioned is the medical use of marijuana.

In its ruling, the appeal court said Canada's marijuana law fails to
recognize that people who suffer from chronic illnesses can use cannabis as
a medicine. The court ruled that if Ottawa doesn't clarify the law within
12 months, the law prohibiting marijuana possession will be struck down in
Ontario.

If that happens, it would be legal to possess marijuana in Ontario, and the
trend could spread across the country if the law is challenged in other
provinces.

But don't light up in celebration. Marijuana possession in Canada is still
illegal, and the law remains in effect. But that didn't dampen Devries'
reaction to the ruling.

"This ruling is a great ruling," she said. "Anything that gives marijuana
more legitimacy as a medicine is great."

By using marijuana, she reduced her use of morphine to 30 bottles every two
weeks, down from 120 bottles. Each bottle contains 50 milligrams of the
powerful narcotic.

"The only time I can eat is when I use marijuana," she said. "It's more
important to me than most of the other drugs I take."

She was among the first 14 people in Canada to receive an exemption from
the Controlled Drugs and Substances Act allowing her to possess marijuana
for medicinal use. Earlier this year, Waterloo regional police confiscated
19 grams of marijuana that was sent to Devries from the British Columbia
Compassion Club, a Vancouver-based organization providing high-quality
marijuana to 1,200 ill people across Canada.

Hilary Black, a founder and co-director of that club, said the ruling is
"phenomenal."

"If the federal government amends the law as the court asked them to, then
it will be real progress for the medical use of marijuana," Black said in a
telephone interview from Vancouver. "If they don't amend it, then there
will be no law against possession in Ontario."

This appeal court ruling in Ontario follows a recent case in B.C. where a
marijuana grower under contract to the compassion club was given an
absolute discharge by the B.C. Supreme Court for growing about 100 plants.

Federal Health Minister Allan Rock first announced clinical-drug trials of
marijuana last year, and started giving a select few exemptions from the
possession provisions of the existing act. At that time, several people
called Shakedown Street in Kitchener, a business specializing in
marijuana-related paraphernalia. They were looking for contacts at
compassion clubs who could provide them with marijuana.

"I think, basically, it's about time," said Sean Doiron, manager of
Shakedown Street, in reaction to Monday's court ruling.

"I think they (courts) see the medical benefits," he added. "They don't see
the social and recreational benefits, and I don't think they ever will."

Meredith Banman, 18, doesn't think the courts ever should.

"I agree with the part about letting people with medical problems use it,"
said Banman as she browsed in Shakedown Street.

"But I hope the government does something to amend the law in the next 12
months to keep possession illegal for everyone else."

Too many young people may pick it up if it were legalized or
decriminalized, Banman said.

The Issues

The Ontario Court of Appeal has ruled Canada's marijuana law violated Terry
Parker's right to liberty and security.

Parker, of Toronto, uses marijuana to control his epileptic seizures.

Health Canada issues exemptions to the Controlled Drugs and Substances Act
to allow some ill people to use pot.

Ontario's highest court says those exemptions should be written into law to
prevent unnecessary charges against sick people.