POT LUCK

Everybody take a deep breath. And we don't mean "inhale."

We realize some people think marijuana crusader Terry Parker's court
victory yesterday is cause for celebration. It's "high time" the drug was
legalized, and all that.

And yes, Parker, an epileptic who has fought for years to be able to grow
his own "medicine" without fear of a drug bust, was cleared of cultivation
charges and won his 71 precious pot plants back. He was, however, still
convicted of trafficking.

In other words, while Toronto Judge Patrick Sheppard accepted Parker's
controversial argument that pot controls his seizures, he clearly said that
doesn't give Parker a licence to deal drugs.

So let's bring this ruling down to earth. It's significant in that it says
parts of the Controlled Drug and Substance Act are unconstitutional in
cases where the marijuana is being used for medicinal purposes. That's
going a step further than the last highprofile pot case in August, in
which London, Ont., Justice John McCart urged Parliament to study
legalizing the drug for medical use.

He too, however, still convicted Chris Clay of possessing and selling
illegal drugs.

Both judgments make a sobering point: that marijuana can be used as
medicine for a few, without it being declared legal for all. Most Canadians
would probably agree to that. While marijuana use is not exactly burgeoning
a study this week found the number of Ontario teens using it had
stabilized at 25%; down from 32% in 1979 its reputation as an alternative
medicine, particularly for AIDS, cancer and glaucoma sufferers, is growing.

An Angus Reid poll in October of 1,515 Canadians showed 83% supported
decriminalizing marijuana for medicinal purposes. And Health Minister Allan
Rock said just last month that his government has an "open mind" on the
subject.

But the issue of marijuana as medicine shouldn't be used to force open the
door for every recreational user. Even its medical benefits particularly
when smoked, which releases tars and other harmful substances are still
not well enough known to justify anything more than controlled use.

If it's high time for anything, it's for further study of the drug's
qualities and how it can help the sick where other medicines can't. That
would be something worth celebrating.