'I'M BUMMED OUT, MAN'

Pot Activists Lose In Top Court

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 whether 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 that his government will reintroduce
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.

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."

Toting a placard outside the Supreme Court, pro-pot crusader Raymond Turmel
said decriminalizing simple possession is even worse than the existing law.
He called it a "fundraising scam" by the federal government.

"They're still going to take your marijuana off you, except they're just
going to charge you a $400 fine now. The poor kids are going to be doing
more time in jail because they can't afford to pay the fine," he said.

Canadian Alliance MP Vic Toews, a longtime critic of "judicial activism,"
was pleased that the Supreme Court left the issue in Parliament's hands.
But he said the government must now address issues of impaired driving and
concerns from the U.S. before moving to relax pot rules.

New Democrat MP Libby Davies said the feds should move to legalize
marijuana instead of setting up a complex penalty system.