Pubdate: Thu, 13 Jan 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477

POT ADVOCATE WAS A VICTIM OF DISCRIMINATION, DEFENCE LAWYER TELLS 
PROVINCIAL COURT JUDGE

VICTORIA - Marijuana champion Ted Smith is the victim of discrimination 
because he is a pot smoker and a political activist, a provincial court 
judge heard Tuesday.

Defence counsel Robert Moore-Stewart argued police and the Crown violated 
Smith's rights to equality guaranteed by the Canadian Charter of Rights and 
Freedoms. "He is being discriminated against as a cannabis user and a 
political activist," said Moore-Stewart.

Smith, 35, is facing a charge of trafficking in marijuana. His trial 
wrapped up Tuesday. A verdict is scheduled to be handed down Jan. 20.

Smith is charged in connection with a Nov. 8, 2002 rally at the University 
of Victoria where he spoke to about 40 people about marijuana, its benefits 
and his objections to the law prohibiting it.

He then lit up several joints and passed them out to the crowd.

After the rally, plain-clothes officers arrested Smith. Moore-Stewart said 
the Crown was unfairly escalating the charge and that Smith merely shared 
some marijuana joints. He made no money, he said.

Normally Smith would face a charge of simple possession not trafficking in 
a controlled substance.

Under the Canadian Criminal Code, possession carries a maximum penalty of 
seven years in prison.

Trafficking carries a maximum of life.
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