POT CLOSER TO LEGAL

Court Gives Feds A Year To Fix Law On Possession

The federal law prohibiting pot possession is under assault after Ontario's
highest court ruled it unconstitutional.

The Ontario Court of Appeal has given Ottawa a year to amend the law, or in
effect possessing marijuana would be legal.

The court ruled yesterday that Canada's marijuana law fails to recognize
that people who suffer from chronic illnesses can use pot as medicine.

As a result, the court ruled that if Ottawa does not clarify the law within
12 months the law prohibiting marijuana possession in Ontario will be
struck down, which could eventually lead to similar challenges across Canada.

"The decision will open doors across the country for sick Canadians who
need pot to help alleviate symptons such as nausea and vomiting," said
Aaron Harnett, lawyer for epileptic Terry Parker.

Parker, 44, said marijuana has virtually eliminated the 15 to 80 weekly
seizures he suffered for about 40 years.

"I am quite ecstatic, I'm grateful and I'm glad to see the court recognize
marijuana as a medical application," he said.

In the meantime, pot possession is still illegal, but people such as Parker
who need it for medicinal purposes can apply for exemptions.

All Ontarians could be allowed to smoke pot in 12 months if nothing is
done, said Alan Young, an Osgoode Hall law professor.

"The whole (marijuana) law is tainted by the failure of Parliament to have
meaningful process whereby people can use the illicit substance as
medicine," said Young. "If (Parliament) doesn't amend the law and rectify
the problem...everyone will be entitled to smoke marijuana legally within
the next 12 months.