Pubdate: Fri, 02 Jul 2004
Source: Windsor Star (CN ON)
Copyright: The Windsor Star 2004
Contact:  http://www.canada.com/windsor/
Details: http://www.mapinc.org/media/501
Author: Richard Watts, CanWest News Service

MAN PAINTED AS MOTHER TERESA OF POT

Compassion And Altruism Motivated Smith To Supply Medical Marijuana, Lawyer 
Says

Richard Watts CanWest News Service

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 heard 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, like AIDS, Hepatitis C or arthritis.

Clients were requested for written proof of their condition, like 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 Dr. Henry Morgentaler's abortion clinics. 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, he said.

"It was always about safety of the individuals involved and the safety of 
the supply," said Moore-Stewart.

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

Smith is not a doctor and therefore should not be taking it upon himself to 
prescribe a drug treatment like marijuana, he said. Also, Lawless said 
testimony indicates 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," said Lawless. "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 verdict until July 14.

But Chaperon indicated she agrees with at least some of Smith's arguments. 
At the time of Smith's arrest, the federal government had approved 
marijuana for medicinal use but it had yet to provide it.

"It's a Catch-22 situation for these people," said Chaperon.
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