Pubdate: Sat, 08 Jan 2005
Source: Victoria Times-Colonist (CN BC)
Copyright: 2005 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Richard Watts
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

SMITH FOUND GUILTY OF TRAFFICKING BUT AVOIDS RECORD

Ted Smith, Victoria's self-appointed champion of medical marijuana, was 
convicted Friday of drug trafficking.

Provincial court Judge L. Jeanne Harvey convicted Smith, 35, on a charge of 
possession for the purpose of trafficking in cannabis resin, following two 
days of evidence. He was handed a nine-month conditional discharge.

Smith is the founder of Victoria's Cannabis Buyer's Club. It's an operation 
generally called a compassion club. These clubs exist to supply members 
with a supply of marijuana to use as medicine for various conditions or 
diseases like arthritis or epilepsy.

The charge against Smith arose from a March 21, 2002, search of the club's 
Johnson Street offices. Police seized marijuana, cookies, massage oils, 
salves and oil-filled capsules called Ryanol.

The cookies, oils and salves were tested by Health Canada and shown to 
include cannabis resin, a prohibited substance.

This was the second trial for Smith. Last September, a charge of 
trafficking in marijuana against him was stayed.

At that time, B.C. provincial court Judge Loretta Chaperon said the charge 
came at a time when government had approved marijuana as medicine but 
failed to identify a source.

This inconsistency led her to stay the charge.

The charge Chaperon dealt with arose from a search less than three months 
before the search that earned Smith his Friday conviction.

Prompted by Chaperon's decision, prosecutor Michael Lawless announced at 
the outset of this most recent case the Crown would be staying a marijuana 
charge. But the Crown followed through with the cannabis resin charge for 
the cookies, oil, ointment and capsules.

During the trial, Smith testified he made the products by steeping 
marijuana leaves in various oils or butter and heating them in a double 
boiler. After they were strained, these oils were bottled, poured into 
capsules or used to bake the cookies.

Also testifying for Smith were three people who said they used the products 
to treat a variety of debilitating ailments or conditions.

But Harvey was critical of Smith's defence, saying he seemed determined to 
offer evidence or testimony about marijuana when he was charged with 
possessing cannabis resin.

Government has not declared cannabis resin to be legal as medicine. It 
remains a prohibited substance under the law.

But Harvey said the defence had offered no testimony from experts to 
explain what cannabis resin is or even where it comes from. And Harvey said 
she heard no legal arguments or expert testimony to suggest cannabis resin 
deserves the same exemption as marijuana.

"There is no right to possess cannabis resin according to the law. There is 
no right, there is no exemption," she said, just prior to sentence.

"If you thought I was going to make an exemption without hearing expert 
evidence then that was extremely naive," Harvey told Smith.

As she delivered her sentence the judge rejected calls from the Crown for a 
conditional sentence, which automatically would have given him a record. If 
Smith abides by his conditions, his record will be clear.

Harvey made a point of not putting any conditions that would forbid Smith 
from contact or activity with the club. The only condition on his discharge 
is the standard one declaring he is "to keep the peace and be of good 
behaviour."

"I don't look upon you as a dangerous man. I look upon you as someone who 
is trying to change the law," said Harvey.

"All your motives are pure, altruistic compassionate and you are not making 
any money at this," she said.
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