MARIJUANA ACTIVIST TO SPEND 90 DAYS IN JAIL

SASKATOON (CP) -- One of Canada's best-known marijuana activists was
sentenced Thursday to three months in jail after pleading guilty to passing
a joint to a supporter last March.

Marc Emery, president of the B.C. Marijuana Party and founder of Cannabis
Culture magazine, was charged with trafficking after he spoke at a
political rally at the University of Saskatchewan.

"Three months for one joint?" a stunned Emery asked the gallery before a
bailiff shushed him.

While it was Emery's eleventh drug-related conviction, it was the first
time he has been sentenced to jail.

His lawyer said the sentence is too strict for simply passing one joint to
one person.

"I do have an issue with the length of the sentence," said Leanne Johnson.
"Three months is a bit of overkill, perhaps, for passing one joint to one
person."

When searched by police at the rally, Emery produced four marijuana cigarettes.

Crown prosecutor Frank Impey conceded the amount of marijuana in question
was small, but emphasized Emery's 10 prior drug offences warranted more
than a fine or a suspended sentence.

"Mr. Emery has been fined in the past and his behaviour continues," said
Impey, who had suggested a three-to six-month sentence.

Johnson argued the public's attitude toward marijuana has changed. The
defence lawyer noted Prime Minister Paul Martin plans to reintroduce
legislation to decriminalize possession of small amounts of the drug.

In sentencing, provincial court Judge Albert Lavoie said his job is to
uphold current laws.

"No democratic society can have any freedoms unless the underlying value is
respect for the law," he said. "(Emery's action) was in a public setting,
with an absolute, unacceptable flaunting of the law of this country."

Outside the courthouse, Emery's supporters fired up their pipes in protest.

"It's seriously ridiculous that somebody should be going to jail at all for
(passing) a joint," said Mike Schmidt, who was there when Emery was arrested.

Johnson said an appeal is unlikely, given that it often takes three months
before the court hears a case.

Emery said his devotion to marijuana won't change.

"Marijuana is the most beautiful, perfect plant ever put on this earth. I'm
a great devotee of it and that won't change, no matter what a judge would
sentence me to."

Marijuana has provided medical benefits to many Canadians, added Emery, who
has been a common figure at pro-pot rallies for years.