CROWN DROPS BID TO PROSECUTE POT CRUSADER

Medical marijuana crusader Lynn Harichy, who became a national figure two
years ago when she smoked pot on the steps of London police headquarters,
had her possession charge stayed yesterday.

The stay, which effectively puts the charge laid two years ago into
indefinite legal limbo, comes amid a changing climate on the use of
marijuana as a way to ease the suffering of those with illnesses, such as
AIDS, epilepsy and multiple sclerosis. Harichy suffers from multiple
sclerosis.

The 38-year-old Harichy was pleased, but subdued speaking to reporters
following the granting of the stay by Ontario Court Justice Kathleen McGowan.

The stay was requested by federal prosecutor Kevin Wilson, who said the
Crown had received medical information about a "significant decline" in
Harichy's health.

The London woman has been hospitalized twice in recent months, Wilson said,
and her illness is "chronic and degenerative."

Harichy smokes pot several times a day to control her symptoms, such as
severe shaking. Her act of civil disobedience on the police station steps
was aimed at raising the profile of the campaign to legalize marijuana for
medicinal purposes.

Outside the courthouse, Harichy's lawyer, Alan Young, said since her
defiant act cases involving medical use have been stayed and Ottawa has
granted exemptions to allow two AIDS sufferers to use marijuana without
fear of arrest.

Harichy's stay simply means the Crown is admitting it is not in the public
interest to continue the prosecution considering all the circumstances.

Young noted, however, that legislatively, nothing has changed since Health
Minister Allan Rock recognized the medicinal value of marijuana.

Cases similar to his client's are still "caught up" in courtrooms across
the country. "These people are suffering from debilitating illnesses and
the last place they should be in is a courtroom. So we are trying to
achieve some sort of Department of Justice moratorium on charges involving
the medical use of marijuana."

Harichy, who admits to feeling like a bit of a pioneer, said "there's still
lots to be done. There's still people in jail." She said pot smoking should
be legalized across the board.

Harichy has applied for a medical exemption, but Young said Ottawa has only
been considering cases involving the terminally ill. However, he said: "I
do believe Lynn stands a good chance of being the first non-terminal
patient to get an exemption, subject to what her doctor can put together."

Young said the decriminalization and medical exemption issues seem to be
reaching a head in the Ontario Court of Appeal. Several cases -- including
that of former Londoner Chris Clay -- are to be heard next week.

Harichy's husband, Mike, 47, is due in court next week on a marijuana
trafficking charge relating to the now-defunct Cannabis Compassion Centre
the couple ran on Wellington Street.

A comment by the MAPNews Sr. Editor

The Free Press wrote, above, "Medical marijuana crusader Lynn Harichy, who
became a national figure two years ago when she smoked pot on the steps of
London police headquarters, had her possession charge stayed yesterday."

While Lynn never smoked pot on the steps - she was arrested before she
could light it, the part about 'became a national figure' is true. A search
on "Harichy" in our news archives produces many dozens of articles and
published letters by or about her. She also wrote a feature article for our
DrugSense Weekly.

For Lynn, this has never been just an act of civil disobedience, but an act
with the goal of mounting a Constitutional Challenge under the Canadian
Charter of Rights and Freedoms.

Lynn and I sat together in the London court room in 1997 when judge J. F.
McCart denied the Constitutional Challenge in the Chris Clay trial (which
is to be heard on appeal, as mentioned in the article). Judge McCart
stated that the results may well have been different had the case been
about medical use. This Lynn saw as an invitation, which she took at the
local police station some weeks later.

A lot has happened since the Fall of 1997, and some small progress made.
However, today the fact that Lynn is still considered a criminal in the
eyes of the law for using the only medicine which has really worked well
for her is tragic.

Readers who would like to chat with Lynn may find her in the MAP CHAT room
most Saturday and Sunday evenings from about 9:00 p.m. Eastern time at:
http://www.drugsense.org/chat/

Some photos I took of Lynn with the media at her first court appearance are
at: http://www.drugsense.org/lynn/

And the website for the now closed London Cannabis Compassion Centre still
exists. If you stop by, be sure to sign Lynn's guestbook!
http://www.drugsense.org/lccc/

Richard Lake