< article is online at http://www.arf.org/clay.html >

London man challenges cannabis laws

BY LIANA SHAW

A London hemp retailer has launched a
constitutional challenge of Canada's cannabis laws,
and is selling bonds redeemable for the drug to
fund his court case.

The challenge by Chris Clay, which goes to court
on April 28, is based on "the constitutional right to
privacy within your home, and to make choices as
it relates to your bodily integrity," said Clay's
lawyer Alan Young. He intends to show that
cannabis is a relatively harmless and safe
psychoactive substance.

Clay, 25, is fighting for the legalization of cannabis
in all its forms for medical, industrial and
recreational use. If he loses, he intends to appeal as
far as the Supreme Court of Canada.

With a ruling that would legalize cannabis, each
$25 "Victory Bond" will be good for a quarter
ounce of marijuana. To date, Clay has sold about
$9,600 toward his $15,000 goal.

The idea of a legal challenge grew out of a 1995
raid on Clay's home and Hemp Nation shop. After
selling a small marijuana plant to an undercover
officer, he was jailed overnight and faced a variety
of charges, including possession, intent to traffic
and cultivation of marijuana.

Last December, the police raided both his home
and store again, confiscating seeds, pipes,
computers, financial records and smoking
equipment worth more than $40,000. Among the
charges were intent to traffic, selling drug
paraphernalia and breach of bail conditions. Clay
was released on $10,000 bail. Since he can no
longer sell seeds, he is restocking the store with
hemp products including paper, clothing, soap and
food. Far from discouraging him, Clay says the
arrest has helped his cause. "Donations have really
picked up as a result of the recent raid," he said,
adding that the raid was a surprise since he has
sold viable seeds for almost two years without
incident.

York University law professor Alan Young, who is
leading the legal battle, has gathered support from
worldrenowned researchers. "I'm very optimistic
about the outcome after reading the affidavits that
have been filed by the expert witnesses," Clay said.
"The arguments are all presented clearly and
concisely, and I can't imagine how a judge can
listen to these people and ignore the facts."