Pubdate: Tue, 28 Sep 1999 Source: London Free Press (Canada) Copyright: 1999 The London Free Press a division of Sun Media Corporation. Contact: http://www.canoe.ca/LondonFreePress/home.html Forum: http://www.lfpress.com/londoncalling/SelectForum.asp Author: Don Murray Note: A rare personal note on this story by the MAPNews Sr. Editor is at the end of this item. CROWN DROPS BID TO PROSECUTE POT CRUSADER Medical marijuana crusader Lynn Harichy, who became a national figure two years ago when she smoked pot on the steps of London police headquarters, had her possession charge stayed yesterday. The stay, which effectively puts the charge laid two years ago into indefinite legal limbo, comes amid a changing climate on the use of marijuana as a way to ease the suffering of those with illnesses, such as AIDS, epilepsy and multiple sclerosis. Harichy suffers from multiple sclerosis. The 38-year-old Harichy was pleased, but subdued speaking to reporters following the granting of the stay by Ontario Court Justice Kathleen McGowan. The stay was requested by federal prosecutor Kevin Wilson, who said the Crown had received medical information about a "significant decline" in Harichy's health. The London woman has been hospitalized twice in recent months, Wilson said, and her illness is "chronic and degenerative." Harichy smokes pot several times a day to control her symptoms, such as severe shaking. Her act of civil disobedience on the police station steps was aimed at raising the profile of the campaign to legalize marijuana for medicinal purposes. Outside the courthouse, Harichy's lawyer, Alan Young, said since her defiant act cases involving medical use have been stayed and Ottawa has granted exemptions to allow two AIDS sufferers to use marijuana without fear of arrest. Harichy's stay simply means the Crown is admitting it is not in the public interest to continue the prosecution considering all the circumstances. Young noted, however, that legislatively, nothing has changed since Health Minister Allan Rock recognized the medicinal value of marijuana. Cases similar to his client's are still "caught up" in courtrooms across the country. "These people are suffering from debilitating illnesses and the last place they should be in is a courtroom. So we are trying to achieve some sort of Department of Justice moratorium on charges involving the medical use of marijuana." Harichy, who admits to feeling like a bit of a pioneer, said "there's still lots to be done. There's still people in jail." She said pot smoking should be legalized across the board. Harichy has applied for a medical exemption, but Young said Ottawa has only been considering cases involving the terminally ill. However, he said: "I do believe Lynn stands a good chance of being the first non-terminal patient to get an exemption, subject to what her doctor can put together." Young said the decriminalization and medical exemption issues seem to be reaching a head in the Ontario Court of Appeal. Several cases -- including that of former Londoner Chris Clay -- are to be heard next week. Harichy's husband, Mike, 47, is due in court next week on a marijuana trafficking charge relating to the now-defunct Cannabis Compassion Centre the couple ran on Wellington Street. ~~~~~~~~~~~~~~~~~~~~ A comment by the MAPNews Sr. Editor The Free Press wrote, above, "Medical marijuana crusader Lynn Harichy, who became a national figure two years ago when she smoked pot on the steps of London police headquarters, had her possession charge stayed yesterday." While Lynn never smoked pot on the steps - she was arrested before she could light it, the part about 'became a national figure' is true. A search on "Harichy" in our news archives produces many dozens of articles and published letters by or about her. She also wrote a feature article for our DrugSense Weekly. For Lynn, this has never been just an act of civil disobedience, but an act with the goal of mounting a Constitutional Challenge under the Canadian Charter of Rights and Freedoms. Lynn and I sat together in the London court room in 1997 when judge J. F. McCart denied the Constitutional Challenge in the Chris Clay trial (which is to be heard on appeal, as mentioned in the article). Judge McCart stated that the results may well have been different had the case been about medical use. This Lynn saw as an invitation, which she took at the local police station some weeks later. A lot has happened since the Fall of 1997, and some small progress made. However, today the fact that Lynn is still considered a criminal in the eyes of the law for using the only medicine which has really worked well for her is tragic. Readers who would like to chat with Lynn may find her in the MAP CHAT room most Saturday and Sunday evenings from about 9:00 p.m. Eastern time at: http://www.drugsense.org/chat/ Some photos I took of Lynn with the media at her first court appearance are at: http://www.drugsense.org/lynn/ And the website for the now closed London Cannabis Compassion Centre still exists. If you stop by, be sure to sign Lynn's guestbook! http://www.drugsense.org/lccc/ Richard Lake - --- MAP posted-by: Richard Lake