SOURCE: London Free Press, p.A1

CONTACT: letters@lfpress.com

POT CHALLENGE SMOKED

Londoner Chris Clay vows to appeal a
judge's ruling that the Narcotic Control
Act does not violate the constitution

By Helen Fallding, Free Press Reporter

Chris Clay is determined to take his battle against
Canada's marijuana laws to the Supreme Court, after a
London judge Thursday rejected his argument that the
Narcotic Control Act violates the Constitution.

Clay, who was convicted of trafficking marijuana,
possession of the drug and possession for the purpose of
trafficking, garnered national attention in his fight to
decriminalize pot.

"I'm certainly not a criminal and I think in the minds of
most people that's pretty obvious," said the softspoken 26yearold,
as supporters lit up joints on the courthouse steps. "I'll prove that in
the Court of Appeal and ultimately in the Supreme Court."

APPEAL COSTLY

Clay's lawyer, Alan Young, warns the appeals could cost up to
$100,000, but Clay is confident he'll be able to raise the money.
Young, a professor at Osgoode Hall in Toronto, is working for free
and other expenses have been covered by donations solicited
through Clay's Internet website.

Clay said he was shocked by Justice John McCart's judgment in
Ontario Court's general division.

"The first half of (the judgment) was very positive, he was talking
about how (marijuana) was relatively harmless . . . and then suddenly
he turned it around and said he didn't have authority to make a
ruling."

The atmosphere was festive at the hearing, with about 100
supporters, some from as far away as Ohio, crowded into the
courtroom. When some were locked out after a break because of
overcrowding, they pounded on the door and yelled at police
officers. Marc Emery, a former Londoner who runs the Cannabis
Cafe in Vancouver, was thrown out of the courtroom after insulting
the judge.

After the hearing, Emery rolled joints on the courthouse steps as
television cameras rolled. He said he has lots of his own trials coming
up and, if Clay had won, he would have been envious.

Sgt. Rick Niles said police were not aware of anyone smoking illegal
substances outside the courthouse.

In the 27page judgment, soon to be posted on Clay's Hemp Nation
website, McCart said any changes to Canada's drug law should be
made by Parliament. He noted that relaxing of marijuana laws in
other countries was a legislative initiative, not courtimposed.

Referring to Canada's new Controlled Drugs and Substances Act,
McCart said: "Parliament is moving away from the harshness of the
penalties for possession of marijuana and perhaps, some day, they
may adopt some of the measures which exist, for example, in
Australia, and which I do not believe would meet with much
objection from an informed public."

In some regions of Australia, people caught with small quantities of
marijuana pay a fine, but get no criminal record.

McCart accepted most of the evidence presented by defence
witnesses, concluding that marijuana is relatively harmless compared
with the socalled hard drugs or tobacco and alcohol. But he noted
the Canadian Charter of Rights and Freedoms does not protect
against trivial limitations of rights. "One might legitimately ask whether
this form of recreation qualifies as of `fundamental personal
importance' such as to attract Charter attention," the judge said.

Clay's trafficking charges relate to seeds and seedlings for sale in his
Hemp Nation store on Richmond Street in 1995. The possession
charge was laid after $25 worth of marijuana was found in a plastic
bag in Clay's home. Clay was found not guilty of cultivating a
narcotic and his employee, Jordan Prentice, 24, was found not guilty
on all charges.

Young said people convicted of trafficking normally get jail time, but
he will argue that an exception should be made for Clay because he
was launching a test case. Otherwise, Young said, people would be
discouraged from challenging laws they consider unjust.

Federal prosecutors would not say whether they intend to ask for a
jail sentence.

Young said after the hearing that he hopes every MP in Canada
reads McCart's judgment. "I want legalization of smallscale
cultivation and possession. I have no concerns with the fact we have
a criminal law against trafficking and importation there is violence
inherent in the illicit black market."

Clay's mother and father, Louise and Robin, think media attention at
their son's trial might act as a catalyst to encourage politicians to
change the law. The family accompanied Chris to court, but looked
uncomfortable in the lively crowd of activists.

Most Canadian moms and dads do not want to relax marijuana laws,
London sociologist Paul Whitehead said after the hearing. "The battle
will not turn on the question of scientific evidence but rather on the
social definition of what is harmful and what is acceptable." He said
many Canadians are moving in the opposite direction to Clay and his
supporters. The B.C. government, for example, is trying to increase
penalties for drugrelated offences.

UP TO PARLIAMENT?

McCart said in his judgment that it might be time for Parliament to
ease restrictions on medical use of marijuana, but did not rule on the
issue, since neither Clay nor Prentice need the drug for medical
purposes. Whitehead said that issue could be dealt with separately
from recreational use, as it is with drugs like morphine.

If Clay is not sent to jail, he's considering moving to British
Columbia, where he has been offered a number of marijuanarelated
jobs. He also faces a charge of selling instruments for drug use after
police raided his store in December 1996.

Clay said it will be a few years before his constitutional challenge is
finally resolved by the Supreme Court. "I knew that from the
beginning. We've lost the battle, but not the war."

THE JUDGE'S CONCLUSIONS

Consumption of marijuana is relatively harmless.

There is no hard evidence of irreversible mental damage. Cannabis is
not addictive. Marijuana does not cause criminal behavior or
violence. Marijuana probably does not lead to hard drug use. There
have been no recorded deaths from marijuana use. Marijuana does not
cause people to lose motivation. Less than one per cent of consumers
are daily users. Consumption does not increase where marijuana is
decriminalized. Health costs related to cannabis are negligible
compared with costs attributable to tobacco and alcohol. Marijuana
may trigger schizophrenia. Heavy use can damage the lungs. It would
not be prudent to drive a car while intoxicated. More study needed to
determine actual and potential harm.