TOP COURT RULES MARIJUANA LAW IS CONSTITUTIONAL

As marijuana activists vow to keep fighting to make the country a more
friendly place to smoke, yesterday's Supreme COurt decision may be just the
impetus the federal government needs to quietly drop the political hot potato.

The country's highest court ruled 6-3 yesterday that it is constitutional
to criminally charge and jail people for possessing small amounts of
marijuana. Defence lawyers for three men charged with posession argued
criminal penalties for minor drug offences are disproportionate and violate
the guarantee of fundamental justice in [The] Charter of Rights and Freedoms.

The Supreme Court did not agree.

"We conclude that it is within Parliament's legislative jurisdiction to
criminalize the posession of marijuana, should it choose to do so," said
the judgement. But the court also ruled that it is within Parliament's
power to change the law. The Chretien government had a bill that would
eliminate criminal penalties for possession of less than 15 grams but still
crack down on growers and traffickers.

Those caught with small amounts of pot would face fines but no criminal record.

The bill died on the order paper, but Prime Minister Paul Martin has said
he will re-introduce the legislation.

But the momentum to make that change may have burned out, said University
of Toronto law professor Kent Roach.

"In the months to come it will be very interesting to see whether the
proposal to decriminalize goes forward. This ruling only takes away the
urgency. If the Supreme Court had decided the other way, it could have
told Parliament it had to change the law right away or within six months."

Opposition to relaxing Canadian pot laws has come from police, addiction
groups, conservative politicians and American legislators.

Roach said now that the matter is in the hands of elected politicians, it's
up to the Canadian public to decide if criminal sanctions are the best way
to deal with the estimated 2 1/2 million recreational pot users in this
country. Health Canada on its website says 700 persons are currently
allowed to possess marijuana for medical purposes.

Alison Myrden says without pot, her multiple sclerosis would be
unbearable. "I don't think my friends who give me marijuana because they
want to help me should get into trouble for it," said the Burlington
woman. The government-sanctioned medicinal marijuana isn't strong enough
to be effective for her, she says, leaving her "to beg for my medicine on
the street. That's not acceptable."

But Myrden sees reason for hope in yesterday's court ruling. "One third if
the Supreme Court found the laws unconstitutional. That's a major
breakthrough. This is worldwide news." Local police praised the court
ruling. "The Supreme Court made the right decision, now it's up to
Parliament," said Hamilton Police Chief Brian Mullan.