THE VANCOUVER COMPASSION SOCIETY: A CASE HISTORY

There were no guarantees. Of course, we were all optimistic, but as I
walked into the courtroom that day, no one could be certain of the
outcome. We stood up as the judge entered. As we sat down again -
myself behind my able attorney John Conroy - my wife, friends and
supporters in the audience, silently awaiting my fate (and the fate of
the Vancouver Island Compassion Society) - the judge announced that he
was going to read the entire legal decision aloud.

Judge Higinbotham began to outline the background of the long case.
Since my arrest in November of 2000 I had appeared in court over 20
times:

"Philippe Lucas is President of the Vancouver Island Compassion
Society, an organization that provides marijuana to its members for
medical purposes. His activities in that regard resulted in a charge
of possession of less than 3 kilograms of marijuana for the purpose of
trafficking, contrary to section 5(2) of the Controlled Drugs and
Substances Act, to which he entered a plea of guilty. Mr. Lucas has
requested he be discharged absolutely, and the issue in this hearing
is whether an absolute discharge is justified."

Over the 25 minutes that it took the judge to read through his
decision, I had a chance to reflect on the long court battle, as well
as what had gone right (and wrong) since our opening day on the 1st of
October, 1999. At the VICS, our goal has always been to help those
with a legitimate medical need gain access to a safe, affordable
supply of cannabis. As a secondary goal, we hope to demonstrate that
this can be done in a manner that is both legally and socially
acceptable. For us, this means two things: 1) complete transparency of
action and accounting. 2) anticipating and addressing possible public
and police concerns regarding our actions and organization.

The former has been addressed by registering as a provincial
non-profit society. Non-profit status takes away one of the
prosecutor's main line of argument: that we are in this for the money.
As a non-profit, ownership of the Vancouver Island Compassion Society
remains in the hands of its 250 current members. All of the financial
records for the organization are submitted to and reviewed by the
relevant government organization. During the court case, Judge
Higinbotham had the prosecution agree that there was a clear
distinction between the VICS making enough money to continue its
operations helping those in need, and actually profiteering from the
desperation of the sick. Our status as a non-profit also helps us gain
public support; it reflects our efforts to work within the system when
possible. Furthermore, non-profit status serves as a business licence,
allowing us to forgo the city bureaucracy involved with obtaining a
licence. Lastly, as a non-profit, we receive discounts on some
essential services, such as the internet, intra-office security,
banking, etc. Any and all money saved can be a real boost to a small
start-up organization.

The VICS' original location - in a residential area in Oak Bay - meant
that we had to anticipate the very real concerns of the local
community in our business model. Firstly, we were wise enough to look
at what was already working. The British Columbia Compassion Club
Society (BCCCS) had been in operation for almost three years before
the VICS came along, and we learned much from their experience and
success. Bureaucracy and paperwork are the most dreaded aspects of any
legitimate business, so instead of reinventing the wheel, we modeled
our forms on those of the BCCCS, making appropriate changes where necessary.

Our residential location meant that (unlike the BCCCS) no
smoking was to be allowed on site. Furthermore, we created a contract
informing members that any redistribution of product would lead to
their immediate expulsion. It is important for applicants to realize
that, due to the continued prohibition on cannabis, membership in a
compassion society is a benefit, rather than a right. We hope to
extend this benefit to as many people with a legitimate need as
possible, but always with the goal of protecting the integrity and
legal security of the society and its 250 current members.

Modern science has proven time and again that cannabis is an
incredibly diverse, safe and effective medicine. As such, the VICS
operates under the belief that the medical and research communities
should be natural allies in the fight for patient access to cannabis
therapies. We have worked hard to provide information to physicians on
a one-on-one basis as well as through public presentations. The VICS
encourages continued research (and free access to information) in the
area of therapeutic cannabis; we are currently engaged in the
development of a Strain/Symptom Survey Protocol with Dr. Marc Ware
from McGill University. We are also in the process of developing a
survey protocol with Dr. Diana Sylvestre from the University of
California, San Francisco and the BCCCS, that will monitor the
potential increase in the success rate of Hep-C sufferers who use
cannabis while undergoing interferon ribovarin treatment.

Since scientific research and observational studies have found
cannabis to be effective in treating the symptoms associated with
serious conditions like Hep-C, HIV/AIDS, MS and cancer, the VICS
strived to establish a relationship with the relevant social/welfare
organizations in our area. We have also felt it to be our
responsibility to address the federal government regarding the
practical needs of Canadian medical marijuana users. This has led to a
meeting with then Health Minister Alan Rock, and to two invitations
for an audience from the Senate Special Committee on Illegal Drugs, to
whom we presented practical information on the unworkability of Health
Canada Marijuana Medical Access Regulations, as well as the problems
currently facing the compassion clubs that have arisen to fill this
void in the safe supply of cannabis treatments.

And yet, despite all of our hard work, in November of 2000 we had the
poor luck of having our organization broken into and robbed. When I
made the naive mistake of dutifully reporting this incident to the
local authorities, the police showed up at the VICS with a warrant for
my arrest.

For better or for worse, the VICS would never be the same. Whereas we
had previously gone out of our way to maintain a low public profile,
we were now forced to call upon the support of the public and the
press in order to assert a stronger voice in this debate and to call
attention to this inexcusable breach of justice and compassion. We had
not asked for this public role - I had honestly hoped to continue to
quietly help those in need with as little fanfare as possible - but
now I was being charged with trafficking, and the VICS had been
dragged into the legal system. Overnight, a petty thief and then the
Oak Bay Police had taken the medicine from the mouths of some of the
area's sickest citizens. Overnight, my ability to travel, my work with
children, my legal status, all were instantly in serious jeopardy.
Overnight, everything had changed.

In March of this year, as part of a deal with the prosecution, I went
into the local provincial courthouse, stood before a judge, and was
asked how I plead to the charge of "possession for the purpose of
trafficking". I looked up, and against all of my instinct, and despite
all that the VICS had done to contribute to the health and happiness
of its many critically and chronically ill members, I answered
"guilty, your honour". Those were the hardest, most frustrating three
words that I've ever had to utter in my life. And now, four months
later, I was standing before that same judge, listening to him read
off the closing chapter in this long legal battle.

Judge Higinbotham was nearing the end of the sentencing: "Mr. Lucas
has established that he is a man of good character who would benefit
from a discharge. He has also established that in the circumstances of
this case, the granting of a discharge would not be contrary to the
public interest. As there is no need to apply rehabilitative
principles in terms of a conditional order, I grant him an absolute
discharge."

Relief immediately swept over me. As I turned and hugged my beautiful
wife, the cheering supporters were told by the court officer that
there was to be "no clapping!", a round of applause went up anyhow. In
Judge Higenbotham's wise 21 page legal decision lay the sweat, tears,
and dedication that has made the society strong through a bust, 3
locations, and almost 3 years of constant hard work. The VICS hadn't
changed the laws governing the distribution of medicinal cannabis, but
the club's members and its incredibly dedicated staff had presented a
way to successfully work within them.

Through the extensive experience and observation, the compassion clubs
of Canada have become an invaluable source of information in regards
to cannabis therapeutics. By continuing to work with all levels of
government as well as the health/welfare community, the VICS is
engaged in making this information available to researchers,
physicians and the general public alike, with the sincere hope that
with knowledge and understanding will finally come laws and policies
that reflect compassion, caring and common sense.

P.S. My special thanks to my wife Mary, John Conroy, Hilary Black,
Marc Emery, and especially the VICS staff and members. Without all of
your help, the 20 months may have turned out very differently.

[sidebar]

THE COURT DECISION AT A GLANCE

[4] The Compassionate Society carried on its program in a commercially
zoned premise within the Municipality of Oak Bay for fourteen months
with what appears to be the tacit approval of the police.

[5] The attitude of the police changed when Mr. Lucas reported to them
that the Society's premises had been broken into, and that two pounds
of marijuana had been stolen.

[6] This frank disclosure by Mr. Lucas led to an investigation of him
and his activities, even though his activities were known to the
police and tolerated by them up to this point.

[8] Mr. Lucas is a 32 year old resident of Victoria with a degree in
English Literature and a secondary education certificate qualifying
him to teach English and Theatre. He is articulate, intelligent and
fluently bilingual in both official languages. He has earned an income
most recently by writing articles for magazines and by teaching. The
principal of a school where he recently taught French to grade 2 and 3
students described him as a wonderful teacher and a gift to children.

[9] He has also become an important resource both in Canada and our
local community on the issue of the medicinal use of marijuana. He has
consulted with, and influenced, both federal cabinet ministers and
local city councillors. During the course of this hearing I was made
aware through correspondence and video evidence that he is highly
regarded by these levels of government as a source of information on
the subject of the medicinal use of marijuana.

[44] A judge is guided by a number of principles set out in section
718.2. A sentence should be increased or reduced to account for any
relevant aggravating or mitigating circumstances relating to the
offense or the offender. The mitigating factors in this case include:

[47] This case must be viewed in a broad context in which, to date,
the combination of federal regulations and College of Physicians
trepidation has made it extremely difficult for applicants to obtain
approval to use marijuana. …This was not truly a commercial operation
in the sense that we usually understand it. Profit was not the motive.
Nor can she sustain the argument that the community was put at risk.
Further, the Crown cannot rely upon the argument that there is a
lawful option for those in need of the drug when the evidence
establishes that the drug is only theoretically available through
legitimate sources.

[49] I find that while there is no doubt that Mr. Lucas offended
against the law by providing marijuana to others, his actions were
intended to ameliorate the suffering of others. His conduct did
ameliorate the suffering of others. By this Court's analysis, Mr.
Lucas enhanced other people's lives at minimal or no risk to society,
although he did it outside any legal framework. He provided that which
the Government was unable to provide a safe and high quality supply of
marijuana to those needing it for medicinal purposes. He did this
openly, and with reasonable safeguards. The fact that he has stated he
will continue this activity points to the sincerity of his principles,
and points to our need as a society to get this thorny issue resolved
quickly by either Parliament or the Supreme Court of Canada.

[50] Mr. Lucas has established that he is a man of good character, who
would benefit from receiving a discharge. He has also established that
in the circumstances of this case, the granting of a discharge would
not be contrary to the public interest. As there is no need to apply
rehabilitative principles in terms of a conditional order, I grant him
an absolute discharge.

[51] I am not satisfied that all of the items seized by the police
were sufficiently related to the offense to justify blanket
forfeiture….I therefore order all monies seized to be returned to Mr.
Lucas. I further order that the seized computer be returned to him, as
there is no legitimate purpose in ordering it forfeited. Finally, I
order the return of any unused paraphernalia only. The seized
marijuana and any used paraphernalia are forfeited to the federal Crown.