cannabisnews.com: Pot Laws Challenged at Supreme Court 





Pot Laws Challenged at Supreme Court 
Posted by CN Staff on May 06, 2003 at 15:30:00 PT
By CBC News Staff
Source: CBC
Ottawa - Lawyers for the federal government began Supreme Court arguments Tuesday to defend marijuana laws that the prime minister says he wants to repeal. The court is being asked to throw out criminal penalties in three cases for possession of small amounts of pot. Arguing that marijuana is harmless, the convicted smokers are challenging the constitutionality of the country's possession laws.
David Malmo-Levine was convicted ten years ago in Vancouver on charges of possession and trafficking. He ran the city's Harm Reduction Club, which offered safety advice for marijuana users. He says he smoked pot before appearing in court to help him "focus and be attentive." He wants marijuana legalized, not decriminalized. Paul Burstein, a lawyer representing one of the two other men involved in the challenge, is only fighting for decriminalization. He said Ottawa is using the "heavy hammer" of the criminal law to prevent what he says is a harmless activity. "What's the harm the criminal prohibition is trying to prevent? Can't you come up with a less severe way to deal with the problem?" asked Burstein. Federal lawyer David Frankel said the law should be upheld because it deters drug use. Federal Justice Minister Martin Cauchon and Prime Minister Jean Chrétien have both said they intend to introduce laws to decriminalize pot, although it's unlikely the new laws will be passed before the next federal election. Related Article: Pot Law Challenged in Highest Court May 06, 2003Vancouver marijuana advocate David Malmo-Levine took his 10-year fight against Canada's pot laws to the Supreme Court of Canada on Tuesday. Malmo-Levine says he had a quick toke before arguing his own case in the country's highest court. "I was happy, hungry and relaxed," he says. "But I was not impaired. The nine judges didn't seem to notice any problems, as Malmo-Levine and lawyers representing two other convicted pot smokers made their arguments. Malmo-Levine urged the nine judges to strike down criminal laws against possessing, growing and trafficking in marijuana. He was convicted 10 years ago in Vancouver on charges of possession and trafficking. He ran the city's Harm Reduction Club, which offered safety advice for marijuana users. A lawyer representing one of the other two men says the federal government is going too far, imposing criminal sanctions on people engaged in what he calls a harmless activity. "There was a finding that there was no harm associated with the moderate use of cannabis," says Paul Burstein. However, federal government lawyer David Frankel argues the law should be upheld, because it deters drug use. The Supreme Court had originally refused to hear these cases back in December, after the government indicated it would de-criminalize possession. Prime Minister Chretien now says that legislation will be introduced next month. However, it's not clear how quickly that legislation will be dealt with. Newshawk: puff_tuffSource: Canadian Broadcasting Corporation Published: Tuesday, May 06, 2003 Copyright: 2003 CBCWebsite: http://www.cbc.ca/Contact: cbcinput toronto.cbc.caRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmRelaxed Dope Activist Hits High Courthttp://cannabisnews.com/news/thread16202.shtmlActivist Brings Pot Argument To Supreme Court http://cannabisnews.com/news/thread16201.shtmlSmoking Pot No Serious Risk, Activist To Argue http://cannabisnews.com/news/thread16198.shtml
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Comment #2 posted by afterburner on May 06, 2003 at 16:46:47 PT:
The canada.com Media Go into Overtime.
MP Hopes Plan Goes To Pot - Ottawa Sun http://www.mapinc.org/newscc/v03/n662/a05.html?397Dan McTeague, another familiar Canadian prohibitionist. MP: Pot Revamp Stinks - Toronto Sun http://www.mapinc.org/newscc/v03/n662/a06.html?397Same bozo, excuse my French, excuse my freedom.Police Crackdown Has Cut Drug Use, Expert Doctor Says - Vancouver Sun http://www.mapinc.org/newscc/v03/n662/a07.html?397 Some interesting rebuttal by Dr. Ethan Nadelmann.ego transcendence follows ego destruction, and suddenly there is no problem.
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Comment #1 posted by afterburner on May 06, 2003 at 15:56:04 PT:
View from Canada's Most Widely-Read Business Paper
Supreme Court hears pot arguments - 
Activist takes appeal against marijuana conviction to highest level, seeks end to all criminal penalties for possession, growing, trafficking
6:44 PM | FULL STORY http://www.globeandmail.com/servlet/story/RTGAM.20030506.wmari0506/BNStory/National/ ego transcendence follows ego destruction, and suddenly there is no problem.
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