Pubdate: Fri, 16 Nov 2001
Source: Globe and Mail (Canada)
Page: A11
Copyright: 2001, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Kirk Makin
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

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."
- ---
MAP posted-by: Beth