Pubdate: Thu, 18 May 2000
Source: Xtra! (CN ON)
Copyright: 2000 Pink Triangle Press
Contact:  http://www.xtra.ca/site/toronto2/html/city.shtm
Details: http://www.mapinc.org/media/2152
Author: Chris Cunnington

PWA CAREGIVERS ARRESTED

News / Jim Wakeford Continues His Medical Marijuana Fight

One of Jim Wakeford1s caregivers has been convicted of giving marijuana to 
him < which he1s legally allowed to possess.

But no one1s legally allowed to give it to Wakeford.

Two of many caregivers were busted,2 says Wakeford. 3One has been charged 
and convicted already for several thousand dollars. The second person1s 
case is still before the courts.

Wakeford sued the federal government in Ontario Superior Court for legal 
access to pot on compassionate grounds, and immunity for his caregivers. 
The decision was rendered on Apr 12, and he lost.

Wakeford (a longtime gay activist) has AIDS, and needs the pot to ease 
nausea and help him eat. He says it1s keeping him alive.

But he1s been placed in a half-way-there position by the federal government.

After winning a Section 56 dispensation from Health Minister Allan Rock to 
use marijuana (which also required a court case), he is forbidden by law to 
acquire it from any other source.

When he asks someone to purchase some on his behalf, they are in danger of 
being arrested for trafficking.

The judge ruled that I had no trouble getting marijuana, that I was 
perfectly capable of growing it myself, indeed I had not tried hard enough. 
And I should be growing my own and I do not require help and that 
prosecutions will continue.

The right to use without legal access, and the right to grow with no legal 
help, is what my lawyers call right without remedy. I established my 
constitutional right in 1999, and in 2000 I sought remedy. I lost this 
round, but there will be an appeal. I have to raise $15,000 quickly,2 says 
Wakeford.

In a twist to the story, the health minister is looking to score.

Rock issued an official call last week to the country1s marijuana growers: 
the government needs some good, homegrown pot. Rock called for proposals to 
establish a 3Canadian source of quality, standardized, affordable, 
research-grade marijuana2 for clinical trials of the drug1s therapeutic value.

The contractor will be required to maintain quality control of the pot, 
properly store it and distribute to the nation1s 37 eligible recipients 
(all granted a Section 56 exemption). Rock agreed to therapeutic marijuana 
trials following lengthy lobbying on behalf of Canadians suffering from 
glaucoma, multiple sclerosis, manic depression, cancer and AIDS.

What the public doesn1t know is that any experienced grower with a criminal 
record will not be eligible,2 says Wakeford.

For any experienced grower who would like to apply, there is no guarantee 
that they won1t be criminalized. I1ve heard that a couple of hemp farmers 
may bid to add a crop of marijuana to their farms.

Canada was one of the first countries to legalize hemp for clothing and 
papermaking in 1998; growers are not allowed to produce anything with a THC 
content above a certain amount (THC is what gives you the high). Donations 
can be sent, in trust, to Jim Wakeford, 540 Church St., suite 311, Toronto 
M4Y 2E1