HUGE VICTORY IN COURT, by Ted Smith

Relief swept through the room when the judicial stay was quickly read in court record this fall, validating the bold persistence of the CBC of C over the past 8 years. On Tuesday Sept. 7, 2004, Madame Justice Chaperon agreed with defense lawyer Robert Moore-Stewart and granted an acquittal to myself, Leon 'Ted' Smith, and Colby Budda, for working at the CBC of C headquarters when the police came in the doors on Jan. 3, 2002.

Significant precedent setting circumstances-in this court case should influence further developments in the fight to firmly establish cannabis in the medicine cabinet. It was successfully argued that people who find themselves afflicted with diseases or disabilities, which are permanent and physical, should not be required to obtain a doctor's recommendation to use cannabis before gaining access to cannabis. This means that approximately one million Canadians, and those that supply them, should receive court protection to use and grow cannabis, though police still enforce the law in most occasions.

Another important precedent is that while 1 admitted that I use cannabis to deal with stress, bouts of depression and an alcohol problem, I am otherwise relatively healthy and do not qualify for membership within the CBC of C. I testified that no one at the club earns more than $lO hr, and Health Canada allows healthy individuals to have legal protection as caregivers under the current regulatory scheme. The judge recognized that it is reasonable to assume that healthy citizens who have a special ability in assisting in the creation of good medical cannabis products should be allowed to earn a living while working in the field.

There are still two outstanding trials concerning warrants issued for the store on March 21, 2002 and Feb. 19, 2003. Given the crown did not appeal Justice Chaperon's decision and both raids occurred for no other reason than the club was in operation, it is extremely doubtful these trials will ever occur. As is often the case, though, the government will probably not drop the charges until the day of the trials.

The March 2002 raid, when I was arrested again is scheduled for early Jan. 2005 and the Feb. 2003 raid with Scott and Ryan is set for March 2005. All raids occurred before Health Canada began distributing the poor quality Flin Flon cannabis last summer. This means the club was not operating in competition with a legal, reliable source of the herb during any of the raids. It should not be assumed that if a single, legally sanctioned source of cannabis was available that all other sources intended for medical purposes become criminal. Until government sanctioned cannabis products achieve reliable quality and availability, constitutional guarantees sufficiently protect medical suppliers and consumers enough to ensure the establishment of authentic 'compassion' clubs.

Focus now shifts to cases involving medical grow operations and court cases involving edible cannabis products. Several groups across the country have been busted with large operations intended for medical users. The MMAR currently restrict growers in many unreasonable ways this can only be challenged in court. Proving that specialists are needed to grow good medicine in large, controlled environments and provide quality cannabis products at fair prices is an important step in further changing the laws. Thanks to Dr. James Geiwitz for testifying in our court case and to everyone who came as a witness.
 

ANNUAL CELEBRATIONS GROWING EVERY NOV. 15, by Steve Kindred 

International Medical Marijuana Day is a special day for people that need marijuana for their health. On that day we proclaim our right to use cannabis. This year the International Hempology lOl Society will be hosting the 2nd annual silent art auction combined with the first ever slide-show presentation about the history of the CBC. This event will start in the Victoria Public Library at 2 pm on Mon Nov 15, with the slide-show from 3 to 4pm and the art auction ending at 4:20 exactly.

A few select people first conceived International Medical Marijuana Day in 1994. Fourteen people including Elvy Musikka (featured in the 2nd edition of Cannabis Digest) were invited to Washington DC. to take part in a demonstration outside the White House. Why November 15 was chosen is still a mystery. The International Hempology lOl Society started celebrating in 1995. It was at a Nov 14, 1996 city council meeting that the CBC came out off the closet. On November 15, 1999 Leon (Ted) Smith let the people of Victoria know about this historic day by bringing 101 cannabis cookies to the public library to giveaway. This was well received by all who attended, with the police watching and telling the media that no one would be arrested because there did not seem to be a problem.

The year 2000 was one of the best remembered of all medical marijuana days'. On Nov 8 2000, Ted was arrested at the campus at University of Victoria and charged with trafficking for sharing a few joints. One week later he brought 420 cookies to the public library to give to all who attended. Because Ted had communicated through the press his intention to go ahead with another pot cookie giveaway, the Victoria Police Department were on site. This had dire consequences, as Sgt. Lars busted Ted who was later quoted as saying " I never worked so hard to get busted".  It appears that the city police enjoyed 37 cookies, so he was only charged with possession of 383 cookies. Trial begins Nov 8.

International Medical Marijuana Day was a quiet event in 2001. Bail conditions set upon Ted did not allow him to do a cookie giveaway, so members brought they own. In 2002 Ted ran a good campaign for mayor of Victoria. He learned how to get a proclamation from the city declaring November 15 as l.M.M.D. The International Medical Marijuana Day 2003 was celebrated by the first annual silent art auction. This event was fairly successful as over $1000 was raised to help pay for the excellent work our lawyer Robert Moore-Stewart has done for Ted and the Cannabis Buyers' Clubs. There was a cookie giveaway as usual. The City of Victoria proclaimed Nov 15, 2003 as l.M.M.D. This year members of the International Hempology lOl Society are asking different municipalities in the Greater Victoria Region to issue their own proclamations. The International Hempology 101 Society believes that International Medical Marijuana Day is a great opportunity to create awareness in the community about the medical effects of this wonderful herb.
 

Updates, Announcements, Reports, Warnings and Suggestions , by Gayle Quin

The best news in the history of the CBC of C occurred when Ted and Colby's trafficking charges from the raid at the club in Jan 2002 were stayed on Sept 7. The decision has not been appealed by the Crown, Colby is free of all trafficking charges and other charges from raids on March 2002 and Feb 2003 should also be thrown out. Thanks to Dr. James Geiwitz for testifying as an expert witness, giving the judge an education on the effects of cannabis and the studies regarding it's effects. Thank-you Judge Chaperon for writing an intelligent, forward-thinking decision. Special thanks to Robert Moore-Stewart for his excellent work in defense of the CBC.

Just as this is being published, Health Canada has again changed the MMAR. We will feature these changes in the next issue.  Many ATP licenses are being sent in, though often we hear the unsettling news that people who have been lucky enough to have a doctor to sign the forms, have had applications returned or rejected. Nothing seems to change without support from the College of Physicians and Surgeons, which seems to be oblivious to approximately 1 million people, according to Health Canada's statistics, who now rely on cannabis medicinally every day to stay alive. 

The club has launched an independent research study on the effects of cannabis in comparison with prescription drugs. Thanks to those who have already completed and returned their forms. Proving cannabis can provide effective relief comparable to medications with fewer side effects and at less cost to the taxpayers. This cost benefit analysis will statistically determine the financial saving the provincial government receives as people use less prescription drugs. This is the beginning of an on-going study that will eventually become a very important part of the club.

Ted has attended recent City Council meetings and has requested a research exemption for this study. This Exemption #56 would be similar to the one given to the safe injection drug site in Vancouver, which studies the benefits of allowing people to consume illegal drugs in a safe facility. This would allow nurses and other health and legal professionals to work within our facility documenting the medical, financial, and social impacts of the daily activities of the CBC of C. The store is looking wonderful with the walls covered in new artwork. Our 2nd annual silent art auction will conclude on International Medical Marijuana Day, Nov. 15, 2004 at 4:20. The art is on display at 826 Johnson St. until November 14th. This year we are ending the auction at the Public Library (735 Broughton St.) in the Meeting Room. The room will be open to the public from 2 to 4:30 p.m., with a slide show by Christian Bell and hosted by Ted Smith on the history of the CBC of C and the International Hempology 101 Society from 3 to 4 p.m. The Auction itself will end at 4:20 p.m. Thanks to those who donated art.

We are going to share the delicious and nutritious Budda Ball Recipe. First you put 4 cups of Rolled Oats, 3 cups of coconut, 1 1/2 cups unsalted raw or roasted Sunflower Seeds, 3 cups Soy Protein Concentrate, and 75g. or 4 tbsp. Hemp protein. Mix thoroughly and then make a bowl shape with the mix. Add 1 cup cannabis infused olive oil and xxxxxxxx (secret ingredient*). Mix until it becomes small doughy balls, no powder should be left .Add 400g natural wild honey and finish mixing thoroughly. Roll into balls 2.5-3cm. (11/2") in diameter. Put Vi cup ground almonds on a plate, coat the surface of the balls to harden the surface and not loose the oil. * Secret ingredients and methods of making cannabis butter will be revealed in the next issue of Cannabis Digest.

There are more new products in the club almost every month right now.  Several varieties of massage oil are being tried with good results.  We are making a poultice made with leaf used for making other products. This product has never been made before to our knowledge.

COOKIE TRIAL ON NOV 8, by Ted Smith

After waiting almost four years, I am possibly going to have a trial regarding my arrest on Nov 15, 2000 at an annual pot cookie giveaway. The reasons for the delay are complicated, and some speculate that further delays will prevent justice from being served Nov 8 and 9, when this trial is scheduled to occur. These delays will not have my charges thrown out because I am using several constitutional arguments against the law and have waived my right to due process in order to see the fight through to the end. Ironically, Nov 8 is also the anniversary of the first time I was arrested, which occurred on Nov 8, 2000. That trial has still not happened, though it is scheduled for early Jan. When I started pot cookie giveaways on International Medical Marijuana Day in 1999, I felt very strongly that I had conceived an excellent measure to challenge the law. While I cannot give away our arguments prematurely, I can say that I have a member of the CBC, who is a dear friend, ready to testify how cookies benefit her and why she was ready to support my actions, and Dr. James Geiwitz will educate the judge about the medical properties of cannabis and the studies done on it's impact. No matter what decision the judge reaches in the cookie trial, there is little doubt that appeals will be taken to higher levels of court. Anyone able to help will legal defense funds should purchase a CANNABOND from the club or off the webpage.

REQUEST YOUR CITY TO PROCLAIM MEDICAL MARIJUANA DAY

Getting a city council to pass a declaration supporting an issue is not as hard as you may think. It is as simple as sending a letter with your name, address and contact phone number which requests the following proclamation. This is an easy way to force municipal politicians to consider their position on the medical use of cannabis. For those clubs or growers who are fighting for survival or recognition, sending this request is a simple way to highlight current legal battles and political changes in Canada. Many municipal governments, like Victoria, allow citizens to speak to the local elected representatives and staffs at open council meetings, which provide an excellent opportunity to speak in public for those that are willing. For the past two years the City of Victoria has passed a proclamation similar to the following and we expect them to continue that tradition. This year, however, we hope to encourage activists in other areas to request declarations in their town

 

On behalf of the International Hempology 101 Society, I respectfully request that the City of ___________ officially declare November 15th to be International Medical Marijuana Day. This proclamation would acknowledge the benefits citizens with incurable medical problems receive from consuming cannabis. Many government institutions, at all levels and in other countries, are reconsidering or changing their position on the cannabis laws, especially for those who need it medically. The City of _________ should be actively involved in the protection of citizens against unreasonable laws and policies. We thank those within the municipal government who have supported us in the past and look forward to future developments in the legalization of cannabis as medicine., ( name, date)

International Medical Marijuana Day

WHEREAS the Canadian Charter of Rights and Freedoms protects individuals from unjust, unreasonable laws;

WHEREAS society generally accepts that many individuals with medical problems find cannabis to be effective medicine;

WHEREAS the City of Victoria passed a resolution on April 18, 2002, declaring that the federal laws regarding cannabis need to be changed, especially for people with incurable medical conditions;

WHEREAS the Federal Senate Committee on Illegal Drugs released a report on cannabis in September 2002, recommending a legal framework for the production and sale of cannabis, and that Health Canada should begin working directly with established medical cannabis buyers clubs;

WHEREAS Health Canada has been forced by the courts to start a legal process for the cultivation and use of cannabis as medicine by people with various medical problems, and the courts have recognized many existing medical cannabis groups as being valid and important components in the country's current harm reduction strategy;

Now, therefore, I do hereby proclaim the day of November 15th, 2002 as International Medical Marijuana Day in the City of ____________, B.C. and encourage everyone to act with tolerance, compassion and understanding towards individuals who need cannabis to relieve their pain and symptoms from permanent medical problems.

REASONS FOR JUDGEMENT OF THE HONOURABLE JUDGE L.F. CHAPERON

[3] Mr Smith's "compassion club" which he called the Vancouver Island Cannabis Buyers' Club operated out of the Ted's Bookstore [Books]  ... in Victoria.
[4] On January 3, 2002 police were informed about the operation of the Club. The informant was an angry and disgruntled former member of the Club whose right to buy marihuana had been terminated because he was reselling it to others in contravention of the Club's policy.
[11] The evidence was that the club had applied for a government authorization for the sale of marihuana but had not yet received it.
[12] A second officer, Constable Cronk, gave expert evidence that the business was run like a pharmacy with different strains of marihuana with different levels of T.H.C.
[15] Mr. Smith is candid in admitting he is a crusader for legalization of marihuana for medical purposes and otherwise. He testified he had been running the Club for about 7 - 5 years out of an apartment. When this created problems, he says he was told by police to get a storefront which he did in 2001. In fact, he gave in evidence the name of the officer who told him this. Mr. Smith was very knowledgeable about the various diseases and conditions for which marihuana use could provide relief. He testified that he had decided as far back as November, 1995 to provide this service to sick people.
[16] Mr. Smith's evidence, which I found completely credible, was that the police were well aware of what he was about but didn't interfere because he was selling marihuana for medical purposes only. He said on numerous occasions undercover officers had come in and tried to buy drugs but were refused.
[19] Such people were thus forced to acquire their marihuana on the black market. It is unsettling to contemplate persons with AIDS or who are undergoing cancer treatment being forced to go down to the illegal drug emporium which operates in the downtown core of Victoria to acquire their marihuana from persons who are interested only in selling them drugs of unknown quality for a profit. But on January 3, 2002, but for compassion clubs such as Mr. Smith's, that was their only alternative.
[20] Because of the failure of the Government to provide a legal way for persons in need to acquire medical marihuana, there is implicit in the MMAR at the time in question a reliance on the black market to supply the requirements of those persons with a need for medical marihuana.
[24] The Court in Hitzig in Paragraph 22 also commented on the obvious problems associated with the purchase of marihuana on the black market, namely high price, uncertain quality and availability and the risks associated with forcing vulnerable people to consort with criminals to obtain the marihuana.
[25] The Court at Paragraph 23 concluded that the Government was itself relying on what it called "unlicensed reliable suppliers" to provide those in need with medical marihuana. "It is ironic, given the Government's reliance on this part of the black market to supply those whom the Government has determined should be allowed to use marihuana that the police, another arm of the State, shut down these operations from time to time because they contravene the law."
[27] On the one hand, the Government was relying on these clubs to be the "unlicenced reliable supplier" of medical marihuana to those in need, while on the other hand it was criminalizing their actions and continuing to prosecute them. In so doing it was engendering a disrespect for the law and the administration of justice because of the fundamental unfairness of such a position.
[29] Mr. Smith's operation in my view was clearly a "compassion club". While he and the other workers were paid it was at a very modest level of $10.00 per hour. They were open every day of the year. Care was taken to ensure that persons who became members of the Club were suffering from a medical condition which marihuana use could help. A limit was placed on the amount which could be purchased and the terms of membership prohibited members from reselling marihuana. Although the scrutiny of potential members was not as stringent as the Government might have wished, they were doing the job the Government itself was not doing, namely providing a reliable supply of marihuana to those in need of it.
[33] In this case 1 am satisfied that the accused Smith and Budda operated a compassion club to provide persons with a medical need with a safe, reliable, supply of marihuana and as did the Court in R. v. St. Maurice I am ordering a stay of these proceedings, (condensed and [corrected])

REGINA VS LEON EDWARD SMITH and COLBY BUDDA
Sept 7, 2004-10-20     File No.118904 Crown: Michael Lawless Defence: Robert Moore-Stewart

CANNABIS IN ASIA, by Christian Lloyd Bell

Marijuana is indigenous to and originates from Taiwan and Korea. Pharmacist and emperor Shen Nung used it as an anesthetic 5,000 years ago in China. His medical book is called Pen-ts'ao Ching. In 2,700 BCE that same emperor said it helped female weakness, gout, rheumatism, malaria, beriberi (disease in China caused by vitamin B deficiency), constipation, and absentmindedness.

Cannabis has been used in Asia for millennia. It is ironic that now cannabis has received a disappointing reception in the medical community and that no medical cannabis suppliers can be found in East Asia, albeit my investigations are from Canada. Perhaps not surprising, the hegemonic American drug regime has had its way with the traditional medical complex in China and most of Asia. Cannabis is illegal even though most herbs are used for medicinal purpose. Cannabis and its constituent parts are pretty much non-existent as an herbal medicine- though much literature is written about medicinal cannabis, both the seeds and male plants. Contact us if you know about any medical cannabis providers in Asia as the drug laws in Asia appear to be harsh enough to stop cold any establishment of medical cannabis clubs.

The Japanese Association for Medical Marijuana (JAMM) is a non-profit group that campaigns to make marijuana a legal medicine. Ogasawara Kenji is one of the founders of the JAMM. He is a 34-year-old Tokyo businessman who was diagnosed with multiple sclerosis five years ago. "I experience recurring problems with balance and bladder control and get very severe pins and needles, often so bad that 1 lose the feeling in my hands and feet," explains Ogasawara. Medicine prescribed by his doctors bring some relief from his condition but the steroids cause weight gain, weakening of the bones leading to frequent fracturing, and, very commonly, extreme depression. "I started to feel an improvement very quickly. 1 arrived in Hawaii in a wheelchair and three weeks later left walking with a cane."

Kenji is a brave Samaria considering the stiff penalties one faces in Japan for marijuana possession or trafficking. The possession, supply and use of hemp was outlawed in the 1948 Hemp Control Law by the colonialist American administration (rewrote the Japanese constitution in 1945), and the law has not been struck down since. Possession of marijuana carries a maximum prison sentence of five years. Production and trafficking would carry stiffer jail time.

Koichi Maeda, owner of a hemp restaurant, a hemp shop and writer of several books about hemp, is another founding member of JAMM and says "The Ministry of Health says that marijuana is a very dangerous drug," he notes, "but it has never conducted research into the physical and mental effects of marijuana." These two Japanese represent the front line resistance against the American lead war on drugs   Please support all medical cannabis suppliers in your region.

Pot Cafe's Activities Harming Relationship With Police: Activist.

Kitchener/Cambridge Waterloo Record, Ont.,
(Canadian Press), Sept 16, 2004.
Impatient pot-heads, high enough to think they can force the legalization of marijuana, are ruining a relaxed relationship with police by brazenly buying and sellingweed in a downtown cafe, says one legalization activists.

"The heat is perceived to be on us even more because of their activities," said Ted Smith, founder of a 1,300 member compassion club that sells marijuana to sick people. The Da Kine Smokeshop in the bohemian Commercial Drive neighbourhood is just in it for the money while pretending to be a righteous provider of relief to the ill who say marijuana alleviates pain and suffering, he said.

Police officers who raided the cafe said later the majority of the customers in Da Kine were young and unable to show they had a federal exemption allowing them to smoke pot. Investigators estimated the shop had grossed sales of $500,000 a month.

"They're doing sales every 15-20 seconds, over the counter as quick as possible," Smith said in an interview from his Victoria Cannabis Buyers Club office. "They're not furthering the cause, they're hiding behind people in wheelchairs. "It's going to be really hard for anyone to open up a storefront for a medical club for BC if not Canada without police wanting to go through a court case.

"They've done a fair amount of harm the way they have attacked the law here." Vancouver police Const. Sara Bloor says officers are now investigating other stores along Commercial Drive that are allegedly selling pot.

Smith has been able to slay out of jail by requiring customers to produce a note from a doctor verifying they are ill. A Provincial court judge ruled he was following responsible procedures and running a compassion club. The judge stayed charges against Smith this month.

Even the lawyer for Da Kine's owner Carol Gwilt and her friends says Gwilt's approach isn't the way to convince politicians to relax pot laws. John Conroy is instead taking the fight to a higher road he said gives the movement more credibility. He is on a campaign to revive a national lobby group called Norml Canadathat was powerful in the l970'sand l980's.

"With a minority government in power, now is the time," he said. "We need to work on the politicians and it's hard to do that from behind bars." Solicitor General Rich Coleman was sufficiently provoked by sales at the cafe to lash out, demand police action and hand down a swift public lecture about breaking the law.

**note: the Da Kine was raided the day this was printed and later shut down permanently. For more information see   www.hempology.ca  
 

Political Corner, By Steve Pittner

The US presidential election is carefully being watched in this country by many who have concerns about the bud bashing Bush brigade with its war on drugs, terrorism and exaggerated home land security fear mongering. Alaska has flip-flopped so often on the possession laws it would be hard to believe that the recently announced legalization of cannabis will last. A Bush re-election would not bode well to say the least. In my view our country would benefit more with the more compassionate and compatible democratic policies the Kerry administration may have to offer.

Saskatchewan born Alison Myrden, an out spoken patients rights and medical marijuana advocate who ran in the last federal election for the N.D.P in the Oakville Ontario riding, has picked up the flag in her efforts to compel Health Canada to provide a safe and reliable source of medical marijuana for chronically ill and critically ill Canadians. Alison her self is wheelchair bound, suffering from symptoms of M.S. (multiple sclerosis) and has a legal exemption to possess and grow marijuana to alleviate pain as well as a variety of associated ailments. Before she became a "medical rights" activist, Alison was a medical secretary and has been a corrections officer working with young offenders, giving her a unique inside view on the issue. If you would like to know more about the project you can check out her web site at   www.themarijuanamission.com.

Victoria's re-elected M.P liberal David Anderson has been non- responsive, elusive and selective about what issues he wishes to hear about from his constituents, probably because he is upset about getting kicked out of cabinet. His staffs have outwardly lied to Ted and have frequently made it difficult for our group to have a meeting with him to ask for some direction as to how our club can get an Exemption 56. Recently (since the election) the liberal government said it would re-introduce bill C-10 if amended. Yet our local M.P won't talk to the very group of individuals whom it will affect. Go figure? Lets face it, the "decrim bill "won't cut the mustard anyway. It lacks any real meaningful change for the average person who still has to jump the hoops of a system set up to fail them when they need it the most. If you would like to contact David Andersons office to voice your concerns on these issues his constituency office is at 970 Blanchard street Victoria B.C V8W 2H3 Tel: 363-3600 Fax: 363-8422 or you can e-mail his office at   www.davidandersonmp.com.

In mid October Ted went to City Hall to see if a research permit could be obtained from the city. Councilor Rob Fleming made the suggestion that Ujjal Dosanjh, the new health minister, might have a different opinion than the last one, and requested another letter be sent to Ottawa asking for a representative to explain the MMAR. The council also asked staff to contact Vancouver to get a copy of the 'memorandum of understanding' written to the local compassion club.