FEDS FIGHT POT RULING JUDGE

OTTAWA -- The federal government has filed an appeal of an Ontario court
decision that ruled there are no laws forbidding the possession of small
amounts of pot.

Jim Leising, the Justice Department's director of prosecution in the
province, confirmed yesterday the feds are appealing so the laws
surrounding possession of pot for recreation use will be clarified.

"We're hoping the appeal will be heard quickly," said Leising, who hopes
the Ontario Superior Court will hear the appeal within the next 30 days.

"Whatever uncertainty that was created by this judgment would be cleared up
and that would mean everyone would be in agreement that the prohibition
against possession of marijuana is valid."

Justice Douglas Phillips threw out charges against a 16-year-old Windsor
teen Wednesday, siding with the defence lawyer's argument that there are no
laws in Canada prohibiting the possession of 30 grams of pot or less.

The defence also argued that the feds failed to deal with a two-year ruling
from the Ontario Court of Appeal which backed Terry Parker's right to smoke
pot for medicinal purposes.

Ottawa's response to the Parker ruling was the Marijuana Medical Access
Regulations, which give the green light to Canadians to smoke and possess
pot for medical reasons under specific circumstances.

Justice Minister Martin Cauchon said last month that he favours
decriminalizing possession of less than 30 grams of pot, and will bring in
new legislation to that effect by March.

His comments came on the heels of a Commons committee report making the
same recommendation, which would mean that possession of 30 grams of pot
would result in nothing more than a fine and no criminal record.

An earlier Senate report called for the all-out legalization of pot.