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. - --- MAP posted-by: Jo-D