TOP COURT PASSES POT ISSUE BACK TO MARTIN

OTTAWA -- The highest court in the land has passed the joint to Prime
Minister Paul Martin who must now decide the future of Canada's marijuana
possession laws. In a 6-3 decision that sets back the pro-pot movement, the
Supreme Court yesterday ruled it's up to Parliament to decide if marijuana
should remain illegal. There is no "free-standing" right to toke for
recreational purposes, according to the majority of judges.

"The Constitution cannot be stretched to afford protection to whatever
activity an individual chooses to define as central to his or her
lifestyle," the ruling reads.

David Malmo-Levine, 32, and two other men failed to convince the court that
pot penalties are out of line with Charter guarantees of fundamental justice.

"I'm bummed out, man," said Malmo-Levine, a marijuana activist from
Vancouver. "I was dreaming of a green Christmas, but they grinched out on us."

The prime minister confirmed yesterday his government will re-introduce
draft legislation to decriminalize small stashes of marijuana. Young people
shouldn't be saddled with criminal records, but there must be tougher
penalties and a heavier crackdown on growing operations, Martin said.

"I think that the legislation that is before the Parliament of Canada is
legislation that essentially makes sense," he said in a year-end interview
with CBC's The National.

Manitoba MP Vic Toews yesterday applauded a Supreme Court of Canada
decision that upheld the federal law banning possession of small amounts of
marijuana.

Pot should not be decriminalized until cops have effective roadside
screening devices to pinpoint motorists who have been puffing, says the
Alliance justice critic.

"We've come a long way in terms of restricting the use of alcohol when
driving," the former Manitoba attorney general said. "What impact would
(decriminalizing marijuana) then have on impaired driving rates?"

Toews said loosening marijuana laws would also increase use of the drug
among young people. It may also force the U.S. to impose tough trade
restrictions on Canada, he said.

Tony Cannavino, president of the Canadian Professional Police Association,
applauded the court's decision but said it's only a "first step."

His union will lobby for officers to retain the discretionary power to lay
charges.

"They should put emphasis on a strong national drug strategy," Cannavino
said, adding liberalizing marijuana laws sends a wrong message about a
"harmful drug."