Pubdate: Fri, 02 Jul 2004
Source: Edmonton Journal (CN AB)
1ba-4af9-8982-033133a4ae42
Copyright: 2004 The Edmonton Journal
Contact:  http://www.canada.com/edmonton/edmontonjournal/
Details: http://www.mapinc.org/media/134
Author: Richard Watts, Victoria Times Colonist

MARIJUANA CLUB OPERATOR LIKENED TO MOTHER TERESA

Client 'compelled By Altruism,' Lawyer Tells Court

VICTORIA - Like Mother Teresa helping lepers in India, Ted Smith was 
compelled by compassion to sell marijuana to the sick of Victoria, a 
provincial court judge was told this week.

Defence lawyer Robert Moore-Stewart said compassion and altruism, which at 
their most extreme compelled Mother Teresa to help lepers, moved Smith to 
supply medical marijuana.

Smith's "circumstances put him in touch with these individuals in need of 
medical marijuana," said Moore-Stewart at Smith's trial Wednesday. "He was 
compelled by altruism."

Smith, 35, a long-time marijuana activist, and Colby Budda, 30, stand 
charged with trafficking following a Jan. 3, 2002, police raid at a store 
commonly referred to as a compassion club. Marijuana was sold to people 
with chronic illnesses or conditions such as AIDS, hepatitis C or arthritis.

Clients were asked for written proof of their condition, such as a doctor's 
note. At the time of the arrest, the club had approximately 800 members.

Moore-Stewart also made comparisons between Smith's medical-marijuana 
operation and the abortion clinics of Dr. Henry Morgentaler. Like 
Morgentaler, who broke the law providing abortions to keep women from 
back-street clinics, Smith broke the law to save his clients from 
black-market drug dealers, the lawyer said.

"It was always about safety of the individuals involved and the safety of 
the supply," he said.

Crown prosecutor Michael Lawless, in his closing remarks, took issue with 
the level of medical proof Smith demanded of customers.

He said Smith is not a doctor and therefore should not be taking it upon 
himself to prescribe a drug treatment like marijuana. Also, Lawless said, 
testimony indicated Smith's club, despite assertions it was non-profit, was 
pulling in as much as $2,000 a day.

Lawless said it was not all about compassion. "Mr. Smith lives off the 
profits of the store. ... Mr. Smith is in fact the black market," he said. 
"He is acting outside the law.

"That he has a political agenda to fashion is clear," he said. "But that's 
an issue for him to take up with Parliament while he acts in compliance 
with the law."

Judge Loretta Chaperon reserved her decision until July 14.
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