Pubdate: Wed, 24 Dec 2003 Source: Toronto Sun (CN ON) Copyright: 2003, Canoe Limited Partnership. Contact: http://www.canoe.com/NewsStand/TorontoSun/home.html Details: http://www.mapinc.org/media/457 Author: Kathleen Harris Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) DOPE DREAM SMOKED Court upholds pot possession law OTTAWA -- The highest court in the land passed the joint to Prime Minister Paul Martin, who must now decide the future of Canada's marijuana possession laws. In a 6-3 decision that sets back the pro-pot movement, the Supreme Court yesterday ruled it's up to Parliament to decide if marijuana should remain illegal. There is no "free-standing" right to toke for recreational purposes, the majority of judges ruled. "The Constitution cannot be stretched to afford protection to whatever activity an individual chooses to define as central to his or her lifestyle," the ruling reads. David Malmo-Levine, 32, and two others failed to convince the court that pot penalties are out of line with Charter guarantees of fundamental justice. "I'm bummed out, man," marijuana activist Malmo-Levine said. "I was dreaming of a green Christmas, but they grinched out on us." Martin confirmed yesterday his government will reintroduce draft legislation to decriminalize small stashes of pot but still crackdown on grow ops. "The legislation that is before the Parliament of Canada is legislation that essentially makes sense," he said. Toronto Police Chief Julian Fantino is "very pleased" with the ruling. "My issue is not a morality issue," Fantino explained. "My issue is all of the other aspects that we need to deal with, (drivers) impaired as a result of smoking pot, our inability to deal with that and the inadequacy of laws in place to deal with those issues." He also said easing pot laws would increase profits and activities in organized crime, "who are very much involved in the grow operations." - --- MAP posted-by: Josh