CANADIAN JUDGE ALLOWS MARIJUANA AS THERAPY

A Toronto man is flying high after a judge ruled that it was
unconstitutional for police to deprive him of the right to cultivate,
possess, and smoke marijuana to alleviate the symptoms of epilepsy.

"I'm sort of overawed by the decision. It hasn't sunk in yet", said an
elated Terry Parker on Dec 10. Ontario provincialcourt judge Patrick
Sheppard ruled that sections of the Controlled Drug and Substance Act were
unconstitutional because they deprive Parker of his "right to life, liberty
and security of the person" under the Canadian Charter of Rights and
Freedoms. "Health is fundamental to the life and security of each person",
wrote Sheppard. "It does not accord with fundamental justice to criminalize
a person suffering a serious chronic medical disability for possessing a
vitally helpful substance not legally available to him."

Evidence indicated that Parker had no major epileptic seizures while taking
marijuana in addition to conventional drugs. Without marijuana, he had
three to five grand mal and 1580 petit mal seizures weekly. Sheppard said
Parker had to grow the marijuana because it would cost Can$5000 a year to
buy, leaving him little money from his disability pension. However, Parker
was sentenced to 12 months probation for trafficking, because he admitted
to giving marijuana to friends with epilepsy.

The federal Justice minister, who has been under increasing pressure to
decriminalise the medicinal use of marijuana, said Sheppard's ruling will
be taken under advisement.

Copyright © 1997, The Lancet Ltd.

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