CASE GOES TO POT DUE TO TOKEN LAW

DARTMOUTH, N.S. -- Another drug case has ended because of controversy over
Canada's marijuana laws.

A provincial court judge in Dartmouth ruled yesterday there is no valid
federal law in place governing simple possession of marijuana.

Judge Flora Buchan stayed charges against Paula Clarke, who was accused of
possessing a small amount of pot.

Given rulings in similar cases in Ontario and P.E.I. earlier this year, and
based on a previous ruling in a medical marijuana case, "it would be
oppressive and vexatious to allow a prosecution to proceed," said Buchan.

Defence lawyer Allan Doughty said although Clarke's case has nothing
specifically to do with medical marijuana, the fact that the law is not
properly written is what matters. "The law itself is bad, and it violates
her constitutional rights," he said.

Decriminalization

The controversy dates back to 2000, when the Ontario Court of Appeal ruled
the drug law violated the rights of a man who needed pot for medical
reasons. The court gave Parliament one year to revamp the law. Since then
Justice Minister Martin Cauchon has said he intends to reform the law this
year and decriminalize simple possession.

In the meantime, police say they will continue to make arrests for
marijuana possession, but it is up to the Crown to decide whether to take
the cases to court.

"The laws haven't been changed," said Halifax police spokesman Sgt. Don Spicer.