7th ANNUAL CANNABIS CONVENTION

SUN FEB 5
UNIVERSITY OF VICTORIA
DAVID LAM AUDITORIUM
1-4:20 PM
FREE ADMISSION ALL WELCOME
SPEAKERS INCLUDE:
MARC EMERY
RENE BOJE
MICHELLE RAINEY
JOANNA McKEE
MINNEH KAMAU

VoteNDP, by Ted Smith

The current federal election could be critical for all cannabis consumers, especially the sick. If the Conservative Party gets elected we may see many steps backward in the struggle to liberate the herb. This could be very bad for medical users who could find compassion clubs being shut down by federal authorities as the Conservatives revitalize the drug war.

On the other hand, the NDP have denounced the prohibition of cannabis and are strong supporters of the medical use of cannabis. Denise Savioe, the Victoria candidate, was very supportive of the CBC when the police raids started over four years ago, and was not afraid to challenge the U.S.- based prohibition of cannabis. Denise was quite open in her support of legalization and personally deserves the vote and respect of all cannabis consumers for her speaking out. She also had a very strong environmental record.

The Liberals do no deserve full control of the government for many reasons aside from their position with cannabis. They have resisted court decisions, ignoring the needs of compassion clubs, growers and and medical users by constantly changing restrictive regulations. The promised bill to decriminalize cannabis is a smokescreen meant to sidestep the Charter of Rights and Freedoms while allowing police and other authorities to intrude upon peaceful herbalists. Decrim guarantees two things: constant revenue for organized crime and drug prosecutors. The Liberals have many formal relationships with the later. David Mulroney, the Liberal candidate for Victoria, has charged the government over $5,000,000 in the past decade for prosecuting drug offences. Many other Liberals come from law firms which get federal money for drug prosecution all across the country.

While the Green Party does support legalization, the current system of federal democracy does not give this organization much of a chance to get a member of Parliament elected, let alone have legislative powers. If you want to vote with your heart, by all means support the Green Party. If, however, you look at the immediate situation, you should vote NDP.

For those who want a protest vote, there is the Marijuana Party of Canada. Not to be confused with the BC Marijuana Party, the federal Marijuana Party has only one item on it's agenda: legalization. Though the candidates have little chance of being elected, we do commend everyone in the Marijuana Party, like the local candidate Fred Malloch, for stepping out in community and speaking the truth about cannabis and prohibition.

The club has survived, in part, because consistent access to quality medicine has improved so many lives the group will never allow the sick vulnerable to go without medicine.

A much smaller branch has existed in Halifax, N.S., for four years. John Cook and a grower have also fought off charges laid while operating the club last year.
Much thanks goes to those from the club's sister group, International Hempology 101 Society volunteers and supporters who have helped advocate for the club for all these years. Even more thanks to all the growers, staff, suppliers and donors of the club, especially those who helped right after a police raid.
The CBC will host a pot-luck at 1923 Fernwood on Jan. 29, 2006, starting at 6pm to celebrate it's ten year anniversary.

Oldest Canadian Medical Cannabis Club Celebrates 10 Years

Victoria. B.C.: On Jan. 29, 2006, the Cannabis Buyers Club of Canada will be celebrating a decade of publicly distributing cannabis to people with permanent physical disabilities and diseases.

Ted Smith started in Jan.'96 while living in a van with a pager and a pamphlet. He got an apartment soon after, where he slowly gathered the club before opening a store in March 2001. The club has survived four police raids, even though it was the police whom advised Ted to move to a commercial space. Provincial court judges, except one cannabis resin charge, which was dropped after an appeal was filed, have thrown out all 11 trafficking charges related to those raids. While the club is still in financial debt from these raids, we have grown to about 1.700 members and have in some ways become even more committed and stronger.

The CBC is reported to have the best selection of edible and skin cannabis products in the world, at very low prices. Members have access to seven varieties of cookies, protein balls, lozenges and cannabis-infused grape-seed oil if they prefer to ingest cannabis orally. We have five kinds of massage oil with herbs; arnica, St. John's Wort as well as eucalyptus/mint, camphor/mint mixes, a salve and a poultice we call a Cannaplast.

Different cannabinoids, the active chemicals in cannabis, have a variety of effects upon the mind and body including relieving inflammation, pain and anxiety, relaxing muscles, stimulating appetite and inducing sleep. When consumed orally these cannabinoids break down much slower than when burnt and inhaled, providing longer pain relief and other benefits.

7th Annual Cannabis Convention Speakers

Marc Emery
Founded Cannabis Culture and Marc Emery Direct in 1995. He ran for Mayor of Vancouver in 1996 and 2002 and is founder and president of the BC Marijuana Party. He opened Hemp BC and the Cannabis Cafe, where he experienced a series of raids in 1996, 1997 and 1998. He started Pot TV in 2000, a show that has featured many of our Convention's speakers. On July 28, 2005 Canadian police, acting under orders of the US following a lengthy investigation by the Drug Enforcement Agency, arrested Emery and charged him with conspiracy to distribute marijuana seeds, conspiracy to distribute marijuana and conspiracy to engage in money laundering. The US has issued extradition orders for Emery.
Renee Boje
In 1997 she illustrated Todd McCormick's book "How to Grow Medical Marijuana." a book inspired by Proposition 215 that effectively legalized medical marijuana in the state of California. Renee, Todd and Peter McWilliams were arrested in a rented Bel Air mansion where thousands of medical cannabis plants were grown as research for the book. Fearing a ten year mandatory minimum to life sentence, she fled to the Sunshine Coast of British Columbia and eventually applied for refugee status. She then met author/ Pot TV manager, Chris Bennett, whom she has married and has had one child with, Shiva. The Canadian Minister of Justice, Irwin Cotler, ordered her surrendered to US authorities on June 17, 2005; she turned herself in on that same day and was released on bail pending an appeal. She was given a six month extension to stay in Canada. Her next court date is March 27, 2006.
Michelle Rainey
Michelle went to work for Marc Emery in 2000 in an attempt to legalize cannabis. She helped to organize the BC Marijuana Party and was also a candidate for the provincial legislature in 2001. She was one of three charged in the US ordered raid against Emery's seed company on July 28, 2005. The Canadian government is co-operating with the US to have them extradited south to face much stiffer American punishment. Michelle has a license to possess and is an educator and advocate on Crohn's Disease, an incurable condition that can result in the necrosis of all of the intestines. Currently, she is out on bail and works at the BC Marijuana Party Store.
JoAnna McKee
In 1993 co-founded Seattle's Green Cross Patient Cooperative, "whose mission is to assist each other through education, information, counseling, support, verification, and registry." Green Cross is open to Washington State residents "that present a bona ride need for medicinal cannabis on the advice of their physician." About 75 percent of their patients are HIV-positive. They were giving-out medicine for free until May 1995, when she was arrested, but charges were thrown out by a judge who ruled that 160 marijuana plants were seized without a proper search warrant. She is currently involved with the Green Cross as spokesperson and matriarch.
Minneh Kamau
Minneh was awarded the "Women of Distinction" award in Victoria in 2003 for her work in supporting the homeless and poor of the community and for giving many hours of volunteer work for AVI (AIDS Vancouver Island). She has also given over 700 talks in the community to raise awareness about HIV and AIDS. Born in Kenya, Minneh came to Canada to find health, love and inspiration in the cannabis community. Her story touches upon many important themes of the cannabis movement.
Sun Feb 5 University of Victoria David Lam Auditorium 1-4:20pm

Free admission
All Welcome

Popular Medical Cannabis Club Left in the Dark

San Francisco Bay Guardian, by Ann Harrison
Weds, Dec 28. 2005
Crowds Repelled a Raid on a Popular Cannabis Club, but the Feds Returned That Night, Busted Down the Door, and Left the Place Open to Thieves

Days before new regulations for San Francisco's medical marijuana dispensaries were due to take effect, the federal Drug Enforcement Administration targeted a popular cannabis club and found itself in an unexpected showdown with angry locals. A dozen DEA agents swept into the city Dec. 20, raiding the home of Cathy and Steve Smith, operators of the HopeNet medical cannabis dispensary, and two of their cannabis grow sites.

The DEA team arrived at dawn, marched Steve Smith outside in his underwear, handcuffed him, and searched the house. Smith said the feds didn't realize he and his wife ran a dispensary until the feds discovered a business card during the search. Two truckloads of DEA agents shadowed Cathy Smith's son William Curran as he prepared to open the dispensary later that morning. But when the agents weren't able to produce a search warrant, they returned to their trucks and sat grim faced as about 50 medical cannabis supporters arrived and surrounded their vehicles. Protestors held up signs announcing that a raid was taking place, and passing cars honked in support of the dispensary.

"The outrage that we see here will grow in San Francisco if they don't butt out of medical cannabis," Sup. Chris Daly said in front of HopeNet, which provided free or low-cost cannabis to 1,000 patients. "HopeNet, by all accounts, is a model facility, and one of the most prominent, most sensitive, and, most importantly, one of the most compassion-oriented medical cannabis facilities in San Francisco."

After a four-hour standoff, which drew a San Francisco Police Department tactical unit for crowd control, local police officers left the scene. DEA agents also retreated, and activists declared victory and went home. But the DEA returned to the dispensary after dark and broke down the door. According to DEA spokeswoman Casey McEnry, agents had federal warrants for all the searches.

The following evening, thieves apparently breached the dispensary's damaged security gate and carted off a computer, a stereo, and presents gathered for children who had been orphaned by AIDS.

Standing in his ransacked dispensary last week, Steve Smith showed how DEA agents meticulously bent the prongs of the electrical plug that connected his holiday lights. "There was nothing here, no patient records." Smith said. "They just kicked the door down and unplugged Christmas."

McEnry said the raids were a result of a two-year investigation sparked by an anonymous tip. The information led to a home in the Sonoma County town of Penngrove, where the DEA seized 217 marijuana plants. That investigation led agents to the Smiths' home and adjacent grow room, on the 200 block of Cara Street, where they seized 122 marijuana plants, as well as an unknown amount of processed cannabis.

Marijuana brownies and butter were confiscated from the HopeNet dispensary at 223 Ninth Street. Agents also raided a warehouse on Cara Street and said they seized another 500 plants. Steve Smith said only 140 of the plants had roots, and the rest were cuttings.

"It is a clear violation of federal law to cultivate, possess, and distribute marijuana," McEnry said when asked why federal agents would raid a medical cannabis cooperative operating under California law. "Today, as the DEA, we enforced federal drug laws and conducted a lawful search of these four locations, and we seized marijuana." Earlier in December, DEA agents shut down 13 medical cannabis dispensaries in San Diego. "I think they will target others," said Steve Smith. "This is a test to see if the community will stand up to them."

Two days after the raid, Cathy Smith and a dozen supporters visited Mayor Gavin Newsom's office to ask for his support. But the mayor, who has not commented on the raids, was not there.

"I think city officials need to provide some answers and ask why this is happening," Kris Hermes, legal campaign director for the medical marijuana patients group Americans for Safe Access, said. "Why was one of the most cherished dispensaries in the city raided when they just spent half a year developing regulations which were ostensibly put in place to avoid that?"

Sup. Ross Mirkarimi - who authored the legislation setting guidelines for medical cannabis facilities and patients in San Francisco - told the Bay Guardian he wants to know if the DEA is persecuting San Francisco for having dispensaries or some other reason.

"It seems like information is scant from the DEA to the police or the mayor- or they are just not sharing it," Mirkarimi said, calling on Rep. Nancy Pelosi to step in if the feds won't talk to city officials. "The elected family of San Francisco needs to be more vocal about our insistence that this is a Prop. 215 state, and this is a law we passed, and to respect that law."

District Attorney Kamala Harris reemphasized her support for medical cannabis. A spokesperson for Harris said that neither her office nor the police were involved in the raid. No arrests have been made in connection with any of the raids. But McEnry says the DEA is working with the San Francisco U.S. Attorney's Office to review the evidence and arrests are possible.

Steve Smith says he hopes to have HopeNet open again by New Year's Day and that he and his wife will ask the city for permission to give away free cannabis to registered patients on the steps of City Hall on Christmas. But he says the S20,000 confiscated by the DEA was his life's savings and the dispensary's operating funds.

"If there are charges filed, we'll be under hundreds of thousands of dollars of bail that we can't possibly come up with. Bail me out or at least feed my dog," Smith said. "And if there are any brave souls out there who would like to help a couple hundred people with compassion [free medical cannabis], please take my place."

The following letter is a response to Susan Fletcher's letter written to us.

It was published in the last edition.

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 (THC) 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

Massage Oils and Other Skin Products, by Gayle Quin

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 THC 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.

Updates, Suggestions and Warnings, by Gayle Quin

I'd like to start this New Year with great thanks to all those who participated in last year's 3rd annual art action. We had many new artists donate wonderful pieces such as original oil paintings, acrylic piece-work, chain maille and turned cedar bowls. We accumulated over $800.00 for our dear attorney, Robert Moore-Stewart and can't thank him enough for his endeavours toward keeping Ted out of jail for us all.

I'd also like to take this opportunity to remind everyone who would like to contribute to this year's 4th annual art auction that there is only 7 months left before we start taking donations once more. It's almost as much fun as:
I'd also like to thank all those who filled in and returned their research questionnaire. Marnie will be spending the next month compiling the data gathered and formulating the research into a presentable study. I will also remind you that this an ongoing study and if you would like to keep track of your progress, as well as have something definite to show your doctor, please get another questionnaire.

The Club will be celebrating it's 10th Anniversary on Sunday January 28,2006. Doors open at 6:00pm at Fernwood Community Center with a potluck dinner and music. Raffle draw is at 11pm and we have 9 incredible prizes to be won so don't forget to get your tickets!

Ted's Appeal for the UVIC trafficking charge will commence on Thursday, January 26,2006 at 2pm. Court room numbers are displayed in the front lobby of the court house. The date of the cookie giveaway appeal is T.B.A.

Wife of failed U.S. medical marijuana refugee pleads to stay in Canada

by TERRI THEODORE, Canadian Press,
Jan 13, 2006- The wife of a California man who uses marijuana to ease his cancer symptoms wept outside Federal Court on Monday after pleading her family's case to prevent his deportation.

I need to ask the Canadian people for help, because I'm losing the battle against saving my husband's life, Michele Kubby cried. Kubby argued on behalf of her husband Steve, who was too ill to attend the hearing. To remove him from Canada is like removing a diabetic from his insulin, Kubby told Justice Yvon Pinard.

Kubby, his wife and two young daughters, had been told to voluntarily leave Canada by Thursday or they will be forcibly removed. Pinard reserved his decision on the application for a stay of the deportation order without giving a date for judgment, but he confirmed the family wouldn't be removed from the country before he made his ruling.

The Kubbys' application is the culmination of a lengthy legal and refugee claim process the family has been through since arriving from the United States in 2001.
Steve Kubby, who has adrenal cancer, was allowed to smoke medical marijuana in California and was acquitted in a U.S. court when caught growing more than 260 marijuana plants at his home. However, he was convicted of possessing a small amount of mescaline and one stem from a magic mushroom. He was sentenced to three months of house arrest.

Kubby escaped to Canada shortly after the conviction and made an unsuccessful refugee claim to stay in the country. Michele Kubby said her husband won't get the care he needs in jail, and certainly won't be able to smoke marijuana while serving his time.

SHARING APPEAL ON JAN 26, by Ted Smith

At 10 am on Thurs Jan 26, 2006, I will be defending myself in front of the B.C. Court of Appeal to argue that the laws prohibiting the sharing of cannabis are unconstitutional and that my rights were violated by police when I was arrested at the University of Victoria on Nov 8, 2000. After lighting and passing around several joints at a weekly 420 meeting of the University of Victoria UVSS Hempology 101 Club, I was arrested and charged with trafficking. 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. (see page 7 for more arguments)

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.

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

Mandate

Cannabis Digest is a quarterly publication of the International Hempology 101 Society, which provides current legal, medical and political updates concerning the use, growth and supply of cannabis to those in need of medicinal cannabis. Cannabis Digest will focus on the members and supporters of the Cannabis Buyer's Clubs of Canada (CBC of C).
The CBC of C's mandate is to provide cannabis to people with incurable physical medical problems or as otherwise directed by their doctor. This includes individuals with rare, obscure medical conditions where either the symptoms or side effects of prescription drugs can be alleviated by using cannabis. Also, for people suffering from permanent physical pain or diseases, the ability of cannabis to induce relaxation, stimulate the appetite and help with sleeping is fundamental to maintaining a tolerable lifestyle.
The International Hempology 101 Society is an incorporated nonprofit society dedicated to educating the public about hemp, cannabis and prohibition. We educate about agricultural, environmental and industrial advantages of growing hemp and usir.g other ecc-friendiy products, as well as the medicinal and spiritual uses of cannabis and other plants and substances. We educate about the roots of prohibition, who or what we are up against and what we need to do individually and collectively- in order to change the laws and misconceptions, which are suppressing the remarkable cannabis sativa plant.

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