MARIJUANA LAWS NO DISCRIMINATION, PROSECUTOR SAYS

TORONTO (CP) - The laws banning marijuana don't violate the Charter rights
of a man who wants to smoke pot for medicinal purposes, the Crown argued
yesterday.

Lawyer Chris Amerasinghe says there are many legal medications Jim Wakeford
didn't try.

Wakeford, 53, was diagnosed with AIDS in 1993. He applied for an exemption
to the marijuana laws so he can use pot to ease nausea caused by the
disease and by the mixture of drugs he uses to control it.

He says the law violates his Charter rights to life, liberty and security,
and also discriminates against him on the basis of his disability. Wakeford
argues not only should he be allowed to smoke marijuana, the government
should make sure there is a clean, safe supply of pot for medicinal
purposes.

Over the last few months lawyers have gathered evidence and held about 10
days of hearings. Yesterday, they wrapped up two days of final arguments.

Amerasinghe said there are any number of anti-nausea drugs on the market -
including Marinol, which contains synthetic TCH, the active ingredient in
marijuana - but Wakeford hasn't given any of them an honest try.

"He took one dose one day," Amerasinghe said of Wakeford's experience with
Marinol.

Wakeford had testified that far from controlling his chronic nausea, his
one dose of Marinol made it even worse for about seven hours.

Amerasinghe also disagreed with Wakeford's argument that he's being
discriminated on the basis of disability.

"There is no group in Canada that's permitted to possess marijuana. It's a
blanket prohibition; it applies to everyone."

The judge has reserved his opinion in the case, but said he'll try to hand
down his decision "sooner rather than later."

Checked-by: (Joel W. Johnson)