Pubdate: Wed, 24 Dec 2003 Source: Tampa Tribune (FL) Copyright: 2003, The Tribune Co. Contact: http://www.tampatrib.com/ Details: http://www.mapinc.org/media/446 Note: Limit LTEs to 150 words Author: Tara Brautigam, Associated Press Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) CANADA'S HIGH COURT KEEPS MARIJUANA POSSESSION ILLEGAL TORONTO - Canada's Supreme Court upheld the country's laws against marijuana possession Tuesday, as Prime Minister Paul Martin is pressing to eliminate jail sentences for people caught with small amounts of the drug. In a 6-3 decision, the justices ruled that possession of marijuana will remain a criminal offense. In a separate, unanimous decision, it maintained trafficking of the drug is illegal. The ruling does not preclude Martin from going ahead with a proposed bill that would soften penalties. President Bush has expressed concern over the bill, fearing it could encourage drug smuggling. The court ruling drew praise from law enforcement groups but disappointed proponents of legalizing marijuana. ``My huge patriotism may slowly be dissipating. I have a lot of faith in my country, in freedom and justice, but it doesn't seem like we have a whole lot of that left,'' said Dominic Kramer, a marijuana activist. Tony Cannavino, president of the Canadian Police Association, welcomed the decision but expressed concern over Martin's intent to pursue the bill. He said marijuana growing seems to be on the rise. ``We have more and more `grow ops' across the country,'' he said in Ottawa. ``You wouldn't see that 10 years ago.'' A key question in the Supreme Court decision was whether Parliament has the constitutional right to punish marijuana possession, given the lack of proven serious harm from its use. The court examined three cases involving two marijuana activists and one man who was caught smoking the drug. All three failed to convince lower courts that the law is unconstitutional. Defendant David Malmo- Levine took a hit of hash in May before arguing his case in person at the high court while dressed head-to-toe in clothes made of hemp cloth. He once ran the Harm Reduction Club, a nonprofit cooperative in Vancouver that offered advice on safe marijuana use while supplying it to 1,800 members. Another case centered on Christopher Clay, who ran the Hemp Nation in London, Ontario, a store he started with a government loan. He sold marijuana seeds and seedlings to challenge the law. Alan Young, Clay's attorney, said his initial disappointment shifted to anger after leafing through the lengthy decision. ``There's so much smoke and mirrors in this,'' he said. ``This issue has been a political hot potato that has bounced between Parliament and the courts for the past decade.'' - --- MAP posted-by: Josh