CROWN APPEALS MARIJUANA RULING

TORONTO (CP) A court ruling which legalized marijuana for medical use for
an Ontario man is being appealed.

The Crown Wednesday filed formal notice of appeal in the case of Terry
Parker, 42, a Toronto epileptic who says he uses pot to control seizures.
A Toronto judge stayed charges of possession and cultivation of pot against
Parker on Dec. 10.

Judge Patrick Sheppard also ordered police to return 71 pot plants and
growing equipment they'd seized.

Sheppard ruled that certain sections of the marijuana law are
unconstitutional in cases where the drug is used for medicinal purposes.

Parker has yet to get his pot plants back. Police have said some of the
plants may no longer exist.

Parker's lawyer, Aaron Harnett, said the Crown may try to keep the plants
until the appeal, which is likely to be heard in early spring.

A threejudge panel may decide to hear the case in conjunction with another
appeal being launched by marijuana advocate Chris Clay, of London.

Clay lost a constitutional challenge earlier this year to remove marijuana
from the Criminal Code.

He is appealing his conviction on possession and trafficking charges.