CROWN STRESSES POT OPTIONS
Legal Drugs Can Control Seizures, Court Told

(TORONTO) -- A judge was wrong to find the law against smoking marijuana
violates an epileptic's rights because the man has legal ways to
control his seizures, Ontario's highest court heard yesterday.

Crown lawyer Kevin Wilson argued there's no proof that pot prevents
Terry Parker's seizures any better than a legal, synthetic form of the
drug.

Wilson's arguments before the Ontario Court of Appeal came as the
Crown began its challenge of a pivotal 1997 ruling that declared parts
of Canada's marijuana law unconstitutional.

In that ruling, Judge Patrick Sheppard stayed charges of marijuana
cultivation and possession against Parker, 44, noting the man's
illness was best controlled by a combination of prescribed medication
and smoking the weed.

Sheppard "went about it the wrong way and went too far," because
Parker hadn't pursued enough legal options before making pot his drug
of choice, Wilson said.

"If a person wants to self-medicate with an unlawful substance because
of personal preference, he can't engage the Charter in saying it (the
illegality) threatens his security as a person."

The earlier trial heard that Parker needed CBD -- a compound present
only in smoked marijuana -- in addition to THC, the psychoactive
component of the drug, to control his seizures. But only THC is
available in synthetic form.

Wilson elaborated on a nine-week study mentioned at Parker's trial in
which he received synthetic THC.

Parker, who testified at trial he gets 15 to 80 seizures a week unless
he smokes marijuana, had only one seizure during the study period,
even though he wasn't smoking pot, Wilson said.

"(The defence) is shying away from THC and pinning their argument on
CBD but there is no evidence that the THC doesn't help him," he argued.

Parker hasn't applied for the federal exemptions given to 16 medical
marijuana users this year, although his 1997 victory was considered a
watershed victory that prompted Parliament to take action on the issue.

Health Minister Allan Rock also announced Wednesday that Health Canada
will fund trials and longer-term research on the therapeutic value of
smoking pot.

Earlier yesterday, Wilson wrapped up his arguments against 28-year-old
Chris Clay's appeal of a 1997 conviction for selling a marijuana
seedling to an undercover police officer in London.

The Crown argued that although science hasn't conclusively proven
marijuana is harmful, it doesn't mean the weed is harmless.

There is reasonable proof the drug is harmful enough to warrant
criminal sanctions of users, Wilson said.

Young has said Parliament doesn't have the constitutional authority to
criminalize recreational marijuana use because it's a relatively
harmless drug that's safer than many of the foods people eat.

The judges have reserved their decision in the Clay
case.

The Parker case continues today.