Pubdate: Fri, 08 Oct 1999 Source: London Free Press (Canada) Copyright: 1999 The London Free Press a division of Sun Media Corporation. Contact: http://www.canoe.ca/LondonFreePress/home.html Forum: http://www.lfpress.com/londoncalling/SelectForum.asp Author: Hollie Shaw, CP CROWN STRESSES POT OPTIONS Legal Drugs Can Control Seizures, Court Told (TORONTO) -- A judge was wrong to find the law against smoking marijuana violates an epileptic's rights because the man has legal ways to control his seizures, Ontario's highest court heard yesterday. Crown lawyer Kevin Wilson argued there's no proof that pot prevents Terry Parker's seizures any better than a legal, synthetic form of the drug. Wilson's arguments before the Ontario Court of Appeal came as the Crown began its challenge of a pivotal 1997 ruling that declared parts of Canada's marijuana law unconstitutional. In that ruling, Judge Patrick Sheppard stayed charges of marijuana cultivation and possession against Parker, 44, noting the man's illness was best controlled by a combination of prescribed medication and smoking the weed. Sheppard "went about it the wrong way and went too far," because Parker hadn't pursued enough legal options before making pot his drug of choice, Wilson said. "If a person wants to self-medicate with an unlawful substance because of personal preference, he can't engage the Charter in saying it (the illegality) threatens his security as a person." The earlier trial heard that Parker needed CBD -- a compound present only in smoked marijuana -- in addition to THC, the psychoactive component of the drug, to control his seizures. But only THC is available in synthetic form. Wilson elaborated on a nine-week study mentioned at Parker's trial in which he received synthetic THC. Parker, who testified at trial he gets 15 to 80 seizures a week unless he smokes marijuana, had only one seizure during the study period, even though he wasn't smoking pot, Wilson said. "(The defence) is shying away from THC and pinning their argument on CBD but there is no evidence that the THC doesn't help him," he argued. Parker hasn't applied for the federal exemptions given to 16 medical marijuana users this year, although his 1997 victory was considered a watershed victory that prompted Parliament to take action on the issue. Health Minister Allan Rock also announced Wednesday that Health Canada will fund trials and longer-term research on the therapeutic value of smoking pot. Earlier yesterday, Wilson wrapped up his arguments against 28-year-old Chris Clay's appeal of a 1997 conviction for selling a marijuana seedling to an undercover police officer in London. The Crown argued that although science hasn't conclusively proven marijuana is harmful, it doesn't mean the weed is harmless. There is reasonable proof the drug is harmful enough to warrant criminal sanctions of users, Wilson said. Young has said Parliament doesn't have the constitutional authority to criminalize recreational marijuana use because it's a relatively harmless drug that's safer than many of the foods people eat. The judges have reserved their decision in the Clay case. The Parker case continues today. - --- MAP posted-by: manemez j lovitto