SOURCE: Ottawa Citizen
PUDBDATE: September 16, 1997
CONTACT: letters@thecitizen.southam.ca

MS victim gets arrested to challenge marijuana ban index

Mike Blanchfield
The Ottawa Citizen

A multiple sclerosis victim and mother of two has become the latest
crusader in the battle to legalize marijuana in Canada.

Lynn Harichy, 36, was arrested yesterday morning in front of the London,
Ont., police station, where she planned to smoke a joint. She was issued a
summons to appear in court Oct. 14 on a charge of possession of a
narcotic.

Alan Young, the Osgoode Hall law professor who recently lost a
highprofile constitutional challenge to the marijuana law, said he
will defend Ms. Harichy, for no fee if necessary, to further his goal
of seeing the law struck down.

"She's being deprived of the only medicine that can relieve her pain and
suffering," Mr. Young said in an interview from his Toronto office.

Ms. Harichy has had multiple sclerosis since she was 18.

She is married and is the mother of an 11yearold boy and 17yearold
girl. She says marijuana reduces the pain and seizures associated with MS,
the most common disease of the central nervous system.

Ms. Harichy said she found the circuslike atmosphere of her arrest
surprising, even though promarijuana advocates had sent out press releases
over the weekend describing her plans.

She hasn't smoked marijuana lately because she can't afford it. On her way
to the police station, supporters stuffed joints into her pockets to
facilitate
her arrest.

She was met by a throng of reporters, photographers and wellwishers.
Passing cars honked. She was immediately arrested and brought inside the
police station.

"They (police) didn't even let me light it up," she said. "They were being
gentle because they know I have this problem."

Ms. Harichy testified earlier this year at the trial of Chris Clay, the
26yearold proprietor of a London hemp store.

Mr. Clay was convicted and fined $750 after a lengthy trial in which his
lawyer, Mr. Young, failed to persuade a judge to strike down Canada's
marijuana law as unconstitutional.

Ms. Harichy's testimony, in part, raised the issue of the medicinal use of
marijuana but it did not figure as a central issue in the trial.

Still, Mr. Justice John McCart noted in his ruling that there is evidence
marijuana alleviates the pain and muscle spasms associated with multiple
sclerosis, as well as providing some relief to glaucoma and AIDS victims.

"Parliament may wish to take a serious look at easing the restrictions that
apply to the use of marijuana," Judge McCart said.

"There appears to be no merit to the widespread claim that marijuana has
no therapeutic value."

Last year, Arizona and California voters cast ballots in favour of medicinal
marijuana use under controlled circumstances. Dozens of "marijuana clubs"
now sell the drug in both states with the cooperation of local
lawenforcement officials.

In Canada, only a handful of such clubs exist.

Hillary Black, who founded Vancouver's Compassion Club, said Judge
McCart's comments "really left the door wide open for the whole medical
issue." Ms. Black's club has about 10 MS patients among 100 members.

In four months of marijuana smoking, she said three MS patients have been
able to return to work parttime.

"Partly I think it's because they're relaxed, they're not tremoring. So they
can move a lot better."

Recently, police in Vancouver said they had no plans to make arrests at a
club there as long as it did not sell to minors or for recreational purposes.
_____________________________________________
Hemp Nation * http://www.hempnation.com/
Chris Clay * Email chris.clay@hempnation.com