BONG - HE'S BUSTED

Vancouver-based pot crusader Marc Emery was arrested yesterday after
smoking marijuana outside city police headquarters as part of a
national tour to push for legalizing the drug.

But stopping off at other Canadian police stations later to smoke
could be tough for Emery, if Edmonton city cops get certain conditions
placed on him.

"You can't go and flaunt your illegal activity in front of a police
station without being dealt with," Insp. Dick Shantz said at city
police headquarters downtown.

"As long as the law says it's illegal, our duty is to enforce it and
that's exactly what we did."

Emery was charged with possession of marijuana and was expected to see
a justice of the peace last night.

Shantz said police will ask the JP for Emery to be denied bail on the
ground that he's going to continue to offend and because he's from out
of the province.

If bail is granted, Shantz said police want to ask for such release
conditions as Emery not being allowed near a Canadian police station
without a legitimate reason, and not being allowed to possess
marijuana, along with keeping the peace and being of good behaviour.

If Emery is denied bail, Shantz said Emery will see a judge this week,
but city police will ask the judge for the same release conditions.

Police charged Emery after consulting with the federal Crown
prosecutors office.

Emery smoked a bong around 4:20 p.m. - an international time used as
code to smoke marijuana, said Emery - as more than 40 supporters sang
O Canada.

Emery said he argues that marijuana is legal because it's no longer
under the Controlled Drugs and Substances Act.

That's because in July 2000 the Ontario Court of Appeal ordered
Parliament to change the existing CDSA to take into account a supply
and legal access of marijuana for medical use, says a pamphlet Emery
handed out to supporters.

The verdict wasn't appealed and the court gave Parliament a year to
come up with a new law. If Parliament failed to enact a new law, then
cannabis would be stricken from the CDSA, says the pamphlet. No new
law was passed, says the pamphlet.

Also, on Aug. 1, 2001, cannabis was struck from the CDSA by an order
from the Court of Appeal of Ontario, says the pamphlet.

Shantz said police have yet to be told by Parliament the law has
changed.

"We got no direction on that. The law in our eyes is still in effect,"
said Shantz.