cannabisnews.com: Pot Too Mild To Be Criminal, Lawyer Argues Pot Too Mild To Be Criminal, Lawyer Argues Posted by FoM on October 05, 1999 at 22:13:59 PT By Hollie Shaw Source: Calgary Herald TORONTOSmoking pot should be legal because it's harmless compared to other drugs, a lawyer will argue Wednesday before Ontario's Court of Appeal. Alan Young is challenging a lower court ruling which convicted recreational pot smoker Chris Clay despite the trial judge's finding that the drug didn't do any harm. Young argues that Parliament has no constitutional right to criminalize marijuana because it's so benign. "Whatever evidence there is of harm is so inconsequential that it is not worthy of criminal law attention," Young said in an interview. "This substance has been called by learned academics, scientists and jurists as one of the safest drugs in the history of mankind." In 1997, Clay, 28, was convicted of drug possession and trafficking charges for selling cannabis to an undercover police officer. Clay, former owner of the Hemp Nation boutique in London, Ont., launched a constitutional challenge to Canada's marijuana laws. Justice John McCart of Ontario's Superior Court said he believed pot-smoking was harmless and caused no serious physical or psychological damage, and that it didn't lead to the use of other drugs. But the judge ruled it would be up to Parliament to determine what's illegal and said the drug charges didn't infringe on Clay's constitutional rights. The appeal falls one day after federal Health Minister Allan Rock said he would notify 14 more people with serious illnesses that they can use marijuana for medical purposes - a move which Young can't help but regard with suspicion. "I've just been amazed that the last two announcements have coincided with court dates . . . it makes it seem as though the government is trying to save face." The federal government first gave permission for the cultivation and use of marijuana for medical purposes in June, when Rock granted special exemptions to Jim Wakeford of Toronto and Jean-Charles Pariseau of Vanier, Ont., both of whom have AIDS. Not everyone was keen Tuesday to hop on the pro-pot bandwagon. "I don't think legalization is a good idea at all," said Bill Corrigall, a scientist with the Centre for Addiction and Mental Health in Toronto. He said there's a big difference between exempting a few users for medical reasons and essentially allowing the general public to toke at will. "Marijuana is a dependence-producing drug that can impair performace and judgment." Corrigall is most concerned about what he calls the "intoxication" issue. "Any intoxicating substance changes how you operate a motor vehicle and you can't do a roadside test for marijuana use because of the way the drug distributes in the body. There's one big problem," he said. "How are you going to regulate its use in a way that society overall manages itself responsibly so we don't increase roadside fatalities?" But Young scoffed at such concerns, saying in tests most stoned pot-smokers were too paranoid to get behind the wheel. "In many driving studies they can't even get the cannabis-user to get in the car to drive," he said. Clay and Young vow to take the case all the way to the Supreme Court if need be. Supporters of Clay's case hope Canada will eventually adopt the same policies that exist in some parts of Australia, where people caught with small quantities of marijuana pay a fine, but get no criminal record. Published: October 5, 1999© The Canadian Press, 1999Copyright © 1998 Calgary Herald New Media The Compassion Clubhttp://www.thecompassionclub.org/'When I Try To Medicate Myself, I'm Arrested'http://cannabisnews.com/news/thread3132.shtmlRock To Exempt 12 Marijuana User From Prosecutionhttp://cannabisnews.com/news/thread3129.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: