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Contact CANNABIS DIGEST at: (250) 381-4220 or hemp101@shaw.ca

Cannabis Digest is a quarterly publication of the International Hempology 101 Society, which provides current legal, medical, and political updates concerning the medicinal use, growth and supply of cannabis. The Cannabis Buyers’ Clubs of Canada helps people with permanent physical disabilities and diseases. The Cannabis Digest is available online and in newsprint.

Thanks to our contributors: Ted Smith, Gayle Quin, Anthony D’agati, Ann Harison, Terry Theodore

The trial was held early in 2005 and I was found guilty. The sentence was a $500 fine that was paid for, in part, by having a raffle for a bong last April 20 at 4:20pm at Centennial Square. Even though the constitutional arguments used by lawyer Robert Moore-Stewart were not accepted by the judge last year, I am essentially repeating many of the same themes. We have included some of my arguments here, in case you cannot come to court. -Millions of Canadians share cannabis on a daily basis and SMITH was arrested because he openly challenged the law on their behalf.

No Canadian has ever witnessed so much effort being spent by police following them around to get a roach. To threatened imprisonment to someone for smoking a joint, when no one else seems to face the same pressure, is a gross use of force that is disproportionate to the gravity of the offense. If the crime of smoking cannabis is such a great problem, then SMITH should have been arrested when he passed the first joint. Police operated in a secretive, undercover manner, as opposed to SMITH’S open, public demonstration. The stark contrast in behaviour clearly shows how prohibition causes police to pretend to be normal citizens seemingly participating in a passive demonstration against the government, when they are actually targeting the leadership when the masses are gone. Pot cafes have been openly operating in Vancouver for many years, where patrons smoke with each other in public storefronts with police never charging anyone with trafficking for sharing a joint. The public’s sense of fair play and decency is harmed when authorities single out leaders in political movements and severely punish them for speaking out.

Errors in Judgment
That the learned trial judge erred in law when considering whether the Charter of Rights and freedoms was breached in several ways with the actions of police. She did not recognize that Sections 2. 7, 9 and 15 of the Charter of Rights and Freedoms were grossly violated in the eyes of the accused, students and the public with the senseless acts of police coercion.
Argument -Police testimony confirmed that the arrest occurred primarily because the university administration wanted SMITH removed from campus, temporarily stopping him from speaking on campus. The intention was to remove SMITH from campus in the hope that the meetings would stop without him, and was never to stop the actual crime from occurring on that occasion or any other. The charge of trafficking was the most convenient and severe penalty available to crown to subdue SMITH, infringing upon his rights to express himself and to associate freely in public.
The community’s sense of fair play and decency is undermined when special interest groups, like the university administration, pressure police into situations where individuals rights are trampled upon to maintain a facade of compliance with the law. -Defense witnesses state that others brought cannabis to the meetings to share with others, and while SMITH may have instigated the event, he was certainly not the only person who supplied the circle.
Mrs. Bushby testified that she had brought a joint to share and she saw others who brought their own to smoke in small groups. SMITH testified that he was given a green bag containing several bags of cannabis while he was at the meeting.  In fact, the green bag contained more cannabis than SMITH apparently handed out at the meeting. Anyone who would give an activist some cannabis in this way at a public meeting would probably also bring some to smoke.
While police do not recall who gave the bag to SMITH, or when that happened, one officer claims he could tell no one else lit their own joint. Such a statement is obviously invalid as no one can watch over 30 people to see if any of them lit a joint, especially if they are watching one individual in particular. Equality before the law and freedom are not concepts limited to the courtroom, but it is a fundamental principle of justice that should be recognized by police as they carry out their duties.
- The use of this excessive force by the crown is arbitrary and discriminatory given that no one else has been approached at any of the over 220 weekly meetings that have occurred at the same time and place every single Wednesday for almost 6 straight years.
No citizen’s complaints have ever been made directly to Saanich police, yet great effort was spent punishing SMITH. Meetings have continued without apparent concern from police or the university administration, and now SMITH is back speaking on campus, though not smoking any cannabis. The arrest of SMITH is whimsical because the crime he is charged with has been occurring with absolutely no interruption by the police, even the day he was arrested. If this is a serious crime which deserved the full force of the law, then no one should ever be allowed to commit this act in public, not just those who announce their intentions on a…
… microphone. The fact is that while the majority of Canadians do not smoke cannabis, the vast majority choose to ignore it’s use.
-Justice Kay quoted the Supreme Court of Canada in MalmoLevine/Caine.  Dec 23, 2003. paragraph #86 where smoking cannabis, golfing, gambling and eating fatty foods are behaviours that are grouped together to imply that if these lifestyle choices, and any similar to them, were legal and protected by the Charter of Rights and Freedoms, then society would become ‘ungovernable’.
First, cannabis is the only activity included in the list of potentially ungovernable activities that is currently illegal, the others are all perfectly legal, accepted and manageable lifestyle choices. This statement implies that the legalization of cannabis, and similar activities, would lead to an ungovernable society. This goes further that the crown has ever gone.
Second, since 1998 there has been legal protection available for medical cannabis users, and between Jan 2002 and Oct 2003 the possession law was being thrown out in thousands of cases across the country, with no resulting uncontrollable behaviour.
Third, contrary to the court’s statement, it is the prohibition of cannabis which makes society more difficult to govern, not the smoking of cannabis. By protecting this lifestyle choice the court would help manage the use of cannabis, regulating the quality of the products, collecting taxes from legitimate businesses while taking away excessive profits from organized criminals.
Fourth, golf, gambling and eating fatty foods all have real and potential harms, though the government allows or even condones these activities and others similar to them that have even greater potential and real risks.
Fifth, individual dignity and independence are expressed by one’s choice of leisure activities like sports, and gambling, by how a person decides to spend their money and by what food, drink and drugs one chooses to enjoy life with.
These basic lifestyle choices reflect and define one’s personality. Even more, because we literally are what we consume, the ability to decide what substances we ingest determines the chemical and biological structures of our physical being. -All cannabis shared was beneficial to those who choose to partake.
While SMITH does not suffer from a serious medical condition, he finds that his physical and emotional problems are relieved with his use of cannabis. SMITH also asserts that using cannabis may help prevent many potential medical problems ranging from Parkinson’s disease to cancer, glaucoma to arthritis.
The profit that Smith sought was simply the improved mental and physical health of the participants in the meeting and the world in general. When laws infringe upon consented, mutually beneficial actions for the sake of some potential, minor harm then the principles of fundamental justice have been violated.
When the state prohibits socially neutral conduct, which seems to benefit participants, it erodes hard-earned credibility and respect. This was an important factor in the Senate’s Report on Cannabis, Sept. 2002, which recommended legalizing the herb. -Health Canada is now giving free heroin in experiments in Vancouver. This program acknowledges people’s need to consume mind-altering substances despite the medical, economic and potential legal costs associated with drug use. Given that heroin has greater real and potential harm than cannabis, it is inconsistent for millions of dollars to be spent providing heroin in one city, while thousands of dollars are spent prosecuting people smoking joints in Victoria.
- Justice Kay denied Dr. Geiwitz the ability to fully discuss his skills and knowledge regarding cannabis and the current body of research. The prohibition of cannabis actually causes more potential harm to identified vulnerable groups, as Dr. Geiwitz was prepared to testify had he been given the chance.

In over 70 years of prohibition and misinformation, all science has been able to accomplish is to prove cannabis is capable of reversing illnesses, shrinking tumors, stopping people from going blind, reverse liver illness…” Indeed, there may be health benefits in addition to the ‘”proven benefits of medical marihuana, as marihuana levels of THC seem to strengthen the immune system” from Health Risks of Marihuana Use. On to one of my pet peeves – the USA. Nothing personal, but we as Canadians should not want to emulate, we need to educate. Since when has agriculture become Big Business? (1937), instead of health centered! And Health Care a multi-billion dollar industry instead of health conscious!

The only way I have ever felt personal gratification has been through educating, inspiring and encouraging others and myself towards personal empowerment. Herbs have always been my primary source of enjoyment and health (Cannabis included), because they grow freely everywhere, and may be grown freely (hopefully) everywhere. Dr. William C. Woodward spoke out against prohibition in 1937 “this law, passed in ignorance, could possibly deny the world a potential medicine, especially now…”(from The Emperor Wears No Clothes.) So the world (except for India) has been denied one of the Earths most wonderful medicines for many years now, unless you are willing to break the law. To date, “the most dangerous part of smoking cannabis remains the fact you can get arrested for it,” Professor Geyewitz in court last summer.

Cannabis has been a preferred topical treatment since it started growing beside the campsite. (Or people started camping beside its alluring aroma.) A bud can be applied directly to an open wound and it will not only act as a styptic (stops bleeding), but also as an antiseptic, (stops bacterial infections), anti-biotic (stops infections), antiviral (herpes), anti-inflammatory (stops swelling), and an analgesic (stops pain). Not bad for a little bud. A good thing to remember is that plants are chemically based, and allopathic medicines are synthetic (and worse, just partial) versions of the original plant. Plants need to remain “simples” so we don’t end up with crack-pot. The National Institute of Defense has extensively funded research on altering THE to the extent that THC-V is now produced (it is similar in strength and effectiveness to that of LSD 25. Now why would they need to do that?)
Oils, Salves and Lip Balm Cannabis oils come in a variety of forms for our use. We can infuse cannabis directly into oils for a multitude of uses, and we can express health-giving oil from the seeds. Oils may be combined for specific uses as most plants work synergistically (better together). Our skin is one of our largest organs and is capable of absorbing medicine as well as expelling waste. To me it makes good sense to apply a medicine directly to the site of need whenever possible. In this day and age this is a very viable for of application due to the fact that most people using a North American diet usually have compromised digestive systems.
Cannabis Oil is an excellent pain reliever because it stimulates localized THC and Cannibanoid receptors throughout our bodies to help the cannabis we smoke go directly to the site most need. It also acts as an anti-inflammatory by stimulating circulation. Cannabis is also used for almost every condition of the skin from eczema to fungus, as well as atopic dermatitis. It may also be used topically for stopping migraines.
St.John’s Wort and Cannabis Oil is especially good for the circulatory system. It helps all aspects of bruising from stopping pain, facilitating you body to reabsorb the bruise without clotting. It will strengthen capillaries and veins, which is important to compromised livers, as well as varicose veins, and very favorable reports from migraine sufferers. St.John’s Wort and Cannabis oil is also good for scrapes and cuts, minor wounds and burns, making it an excellent first-aid remedy. This combination is also one of the best things to stop abdominal cramps and break down blockages, also relieving stomachaches. It will soothe inflammations of the skin, and is a specific for recurrent ear infections.
Chinese Mint, Eucalyptus and Cannabis Oil is wonderful to rub on your chest for chronic bronchitis, asthma, influenza (flue), and whooping cough. It can also be used for fever headaches, sore throats, rashes, stomach bloating, and neuralgic and rheumatic pains. It may also be used as a rub for your pets to help repel fleas and mites.
Chinese Mint, Camphor and Cannabis Oil will help all lung complaints, local rheumatisms, sprains and strains, bruises and neuralgia. Also used as a rub for stomach and bowel complaints such as spasmodic cholera, flatulent colic and diarrhea.
Arnica and Cannabis makes an excellent treatment for inflammations caused by things like arthritis and sprains. It will reduce swellings and relieve pain associated with these conditions. Arnica works by stimulating blood circulation and is an accepted ingredient for many arthritic and athletic preparations. It also soothes minor burns, ulcers, eczema, and acne. This oil is not to be used on broken skin or open wounds, as arnica can act as an anti-coagulant (stops blood from clotting).
Salve is made by adding beeswax to the desired consistency and is good for all first-aid purposes, as well as fungal infections and athletes’ foot type complaints, eczemas, and other skin conditions.
Lip Balms have shea butter added for both skin moisturizing and as a sunscreen. They are easily flavoured with pure essential oils for either personal taste or specific health issues.

Susan Fletcher    January 3, 2006
Assistant Deputy Minister
Healthy Environments and Consumer Safety Branch

Thank you for writing back to me after my Feb. 3, 2005 letter. As you anticipated, the response you sent on July 27. 2005 did not give the answers I was looking for. There are several issues that are still outstanding.
Before I ask any more questions, I should give you an update about our court cases. The trial from the Feb. 19, 2003 raid concluded with all charges thrown out against the two men arrested due to lack of proof of knowledge and control.
An appeal was filed against my conviction for trafficking cannabis resin. After reading my arguments, the Federal Department of Justice decided that the judge should have allowed Health Canada’s analyst to testify and that a new trial should therefore be held. However, the Department of Justice went further and told the B.C. Court of Appeal that the government was unwilling to continue with a new trial, and

I was therefore granted another acquittal.
This means that after four police raids at the CBC of C there are no convictions for any trafficking offences, though the daily work of the group remains illegal. While we appreciate that the Canadian government has made some progress on this issue, they are mere baby steps. Until we see that the members of our club are receiving comparable services from the government, we will continue to operate the club and advocate on behalf of the members.
Some of our advocacy work has lead to the City of Victoria inviting Health Canada to explain to the city council how the MMAR works and what the intended impact of these regulations should be upon the community. The City of Victoria and the Victoria Police Department began making these requests in April 2002 and despite constant attempts by Council Secretary Sara Beaman to get a commitment from Health Canada, no meeting has yet occurred. It would be beneficial for the members of our club, as well as other affected levels of government, and citizens who care about sick vulnerable members of our community, to learn more about Health Canada’s programs.
Whether this meeting ever happens or not, it is obvious that more changes need to be made to the MMAR. Could you explain to us how amendments are made to the MMAR?
While the MMAR allows for “dried marijuana,” no mention is made of hashish or cooking with the plant. Many doctors and patients are concerned about smoking cannabis, so cooking the plant material and eating the herb seems like a reasonable option, especially given the extended pain relief generally experienced. If cooking with cannabis is illegal, should Health Canada not tell license holders they could be arrested for producing cannabis resin, a.k.a. hashish, or cannabis (THE) if they try?
The process of making hashish involves separating resin from the surface of the plant and concentrating the THC. This means the consumer smokes less tar and leaf material and more of the active healing cannibinoids.
You state that resin may pose a greater health risk because of the increased concentration of THC and uncertain quantities of THE in any products made with resin. In ten years of work in the field we have never heard of science backing your claim. Do you have any research about cannabis resin?
We want to know how you came to this conclusion because it is very important that smoking cannabis is not the only legal option available to chronically ill citizens.
Products containing high concentrations of THE only have possible negative effects if the consumer is unaware of the potency of the medicine and consumes too much. The same is true of most medicines, except the only real side effect here is loss of muscle control and sleep. Consistent high THE content in edible and smoking products provide significant pain relief with few side effects or risks compared to other drugs. Only extremely high levels of THE can cause great health risks. Experiments feeding rats massive amounts of THE, as some studies do, does not provide fruitful information. Any studies done with humans eating cannabis or smoking hashish for medical purposes prove the exact opposite of what you claim.
The book, Women and Cannabis: Medicine. Science and Sociology, by Ethan Russo, Melanie Dreher and Mary Lynn Mathre, The Haworth Press, 2002, has some excellent studies and commentary on the use of cannabis resin. Most ancient references to the medical benefits of cannabis are from cultures that usually cooked with cannabis. There is much anecdotal evidence for the benefits of eating cannabis or using cannabis resin for medical purposes, if you start looking at the existing current information.
Our club is conducting a research project which is intended to be a cost/ benefit analysis of medical cannabis use, comparing the herb to prescription drugs both economically and medically. We are preparing a report which condenses the information we are gathering from completed research forms. The research form is available at   hempoIogy.com. posted Sept. 22, 2004. Our research project will provide ample anecdotal evidence of the benefits of eating cannabis and smoking cannabis resin. We will certainly send you our results as they become published.
We are also sending you the last few editions of our newsletter, which included a letter to David Anderson similar to the one we sent you regarding these issues and the letter you wrote to which we are responding here.
We understand you are bureaucrats with no real experience with cannabis, probably no personal incentive to see justice for the sick and with a political mob to answer to. However, as employees of the citizens of Canada you should be obliged to seek the truth, even if the government as a whole is unwilling to accept the reality of the war on cannabis. You have the potential to make great changes in the health and well- being of this country by embracing this herb as medicine.
Please respond to our three questions and feel free to call me at any time.

Sincerely,
Leon ‘Ted’ Smith
President of the International Hempology 101 Society