POLICE CHARGE MARIJUANA ACTIVIST AGAIN

HIV-Infected Man Says He Wants The Right To Produce The Drug For Himself
And Others

A crusader for the medicinal use of marijuana has again been charged with
trafficking -- just as his legal team prepares another legal attack on the
federal government's latest medicinal-marijuana policy.

Jim Wakeford, who left Ontario last summer after being charged three times
with trafficking, was charged on the weekend at his new home on B.C.'s
Sunshine Coast.

Mr. Wakeford, who is HIV-positive, said he wants the right to produce a
reliable supply of marijuana for his needs and those of several ill people
who rely on him. "This is a terrible, terrible crime against sick people in
this country."

Mr. Wakeford has been waiting since last spring for the Ontario Court of
Appeal to rule on his attempt to liberalize federal restrictions on the use
of marijuana to alleviate the symptoms of such illnesses as AIDS and epilepsy.

In July, the federal government announced a scheme under which those who
qualify could grow or obtain specific dosages of marijuana, on the
recommendation of doctors.

The Court of Appeal then asked both sides whether they felt the appeal
ought to be reopened.

Defence lawyers Alan Young, a York University law professor, and Louis
Sokolov said yes; federal lawyers said no.

In a legal brief filed recently with the appeal court, federal lawyers said
the rules will allow those who qualify to obtain modest supplies of
marijuana, while avoiding any risks of having large amounts of an illegal
substance.

However, Prof. Young and Mr. Sokolov argue in their brief to the court that
the federal rules make it harder for those who most need marijuana to
obtain it.

Included in their brief is an affidavit from a physician who says the
system is unworkable and one from an ill woman who says she cannot obtain
marijuana without running afoul of the provisions.

Prof. Young and Mr. Sokolov state that the 400 to 500 individuals -- known
as "exemptees" -- who might qualify for the treatment have received no
assurances that they will get any marijuana being grown by the government
under a much-publicized pilot project.

The pilot project is being conducted only for research, the lawyers say in
their brief. They say ill people will continue to risk prosecution if they
grow or obtain reasonable amounts of marijuana.

The brief includes evidence from a federal official who admitted several
weeks ago that the new program has had an unexpectedly slow start.

The official said a large proportion of those who might qualify have not
yet applied.

In an interview, Prof. Young said the number of applicants is bound to
remain low, since most people will have great difficulty finding their way
through the red tape surrounding the process.

He said it will be hard for ill people to find doctors willing to endorse
their applications and recommend appropriate dosages.

"It is really a cat-and-mouse game here," Prof. Young said. "We would
abandon our case, if only the government gave an undertaking that some of
their first harvest would be destined for exemptees.

"I don't know whether they intended to slow the process or whether it was
simply myopic."