MAN TAKES OTTAWA TO COURT OVER MEDICAL MARIJUANA

TORONTO (CP) -- A man who uses marijuana to control the side effects of his
AIDS treatment takes on the federal government in federal court today.

Jim Wakeford says he wants safe, clean, affordable marijuana -- and he wants
the government to get it for him.

"I want it without penalty of criminal record," said Wakeford, 53. "I want
it provided by the government so that it's clean, free of contaminants. It's
time to get the criminal element out of the medicine business."

He smokes up to two joints a day to control nausea and to stimulate his
appetite.

Wakeford knows he's in for a real fight, but he's hopeful.

"I'm optimistic. The public is certainly supportive. In a Gallup poll a few
months ago, 83 per cent of Canadians believed it should be available for
medical use."

The cocktail of medicines Wakeford takes to control his AIDS have
strengthened his immune system and decreased the virus levels in his body,
his doctor, John Goodhew, said in February.

But before Wakeford started smoking pot he looked gaunt, lost weight and was
depressed because of the nausea, Goodhew said.

The federal Health Department's top drug regulator says doctors can seek
permission from Ottawa to provide controlled substances like marijuana to
patients provided they show it has a legitimate medical use. So far no
doctor has done so.

"It already is decriminalized," said Dan Michols of the therapeutic products
directorate.

Even so, other cases before the courts have already argued a constitutional
exemption from criminal law against marijuana possession for medicinal purposes.

Epileptic Terry Parker, of Toronto, who smokes pot to prevent seizures, won
a landmark ruling in December that said parts of the Criminal Code's
marijuana section are unconstitutional.

But Wakeford's case goes a step further, arguing that the Charter also
obliges the federal government to supply the drug so sick people don't have
to look for it on the streets.

Checked-by: Melodi Cornett