ZNAIMER EYES RICHES FROM POT IN THE MEDICINE CHEST CITY-TV
Innovator's Venture Eyes Potential Of Cannabis's Medicinal
Value
TORONTO - Moses Znaimer, the media guru
who revolutionized the face of television with urban, interactive programming, is
now
gearing up to bring
marijuana-based drugs to Canada's medicine cabinets.
"In our opinion, the situation today is similar to the
emergence of poppy-derived medicines 100 years ago that has given us
codeine and other drugs," he said at a briefing yesterday to publicly
launch Cannasat Therapeutics Inc.
"Cannasat
stands at the convergence of science, health care, government policy and
evolving social norms with respect to the therapeutic potential of
marijuana and cannabis-based medicines."
Mr.
Znaimer, 63. stepped down as president and executive producer of 17 CHUM
TV stations in 2003, after a 32-year career, to try his hand at something
different.
Mr. Znaimer and retailer Joseph Mini
ran. of Alfred Sung and Club Monaco lame, became investors in Cannasat in
2004 after the drug developer was founded by merchant bank Hill &
Gertner Capital Corp. Cannasat went public on the TSX Venture Exchange
this year through a type of reverse takeover of with Lonsdale Public
Ventures Inc., a capital pool company. The stock closed yesterday at 40
cents, up 15 cents.
In the past two years,
Cannasat has raised $6.5-million in financing and acquired a minority
stake in Saskatoon-based Prairie Plant Systems Inc., the only
government-licensed grower and distributor of medicinal cannabis in
Canada. Its crop is grown in a Flin Flon, Man., mineshaft.
Stressing that medicinal marijuana is not about
getting high or getting a buzz, Mr. Znaimer said "it's about function,"
referring to generally accepted anecdotal evidence that the drug can
provide rapid pain relief.
Indeed,
Cannasat's director of public relations, Sara Irwin, who was diagnosed
with cancer of the hip and pelvis 17 years ago, is now a licensed medical
marijuana user and said the drug has "improved the quality of my life
greatly."
Moreover, Mr. Znaimer, who is
chairman of Cannasat and owns a 5per-cent stake, said a pain pill
developed from cannabis would go a long way to eliminating the adverse
side effects of traditional drugs, such as Celebrex, and the "social
stigma of smoking marijuana."
But don't expect
to see it behind the local pharmacy counter any time soon.
The company is still fonnulating a delivery technology
at its lab at the University of Alberta that is needed to transport
cannabis in the bloodstream.
It hopes to begin
early stage testing in humans by the end of 2007, the start of a typical
five-year process to obtain regulatory approval, said chief executive
officer David Hill.
Chief medical officer Umar
Syed said the company initially is targeting pain and nausea associated
with chemotherapy and AIDS- associated wasting disease, and neuropathy
pain associated with diabetes, AIDS and shingles.
In the meantime, Mr. Znaimer said Cannasat is
launching a media and information campaign about safe and legal methods of
acquiring cannabis as a medicine in Canada, one of only three countries in
the world where that's possible.
"Many
Canadians are not aware of the program and many who use it as a medicine
have to get it... on the street and expose themselves to a process that is
criminal, paying too much and never getting the same quality twice," he
said, With a doctor's approval, patients can apply to Health Canada to
become registered card-carrying users under the Marijuana Medical Access
Regulations. First shipments began in 2003 and are couriered monthly to
users. Medicinal marijuana sells for about $5 a gram, about a third of its
street cost.
Why Victoria's Mayor Condemned the MMAR
In a letter sent
March 20 to the new federal minister in charge of Health Canada, Tony
Clements, the Victoria City Council has requested an immediate review of
the Medical Marijuana Access Regulations. This is the first time in Canada
that a mayor and council have formally acknowledged the failure of Health
Canada's medical cannabis programs. This letter is partly the result of
over four years of effort of members of the Cannabis Buyers' Clubs of
Canada and partly due to a city council full of compassionate and forward-
thinking politicians. After police began raiding the store on Johnson St.
in Jan. 2002, members and supporters of the club began appearing at city
council meetings to ask for assistance.
A meeting was held with
the council and the police board of directors where it was determined that
nothing could be done without more information from Health Canada. After
sending several letters, the request to make a presentation was fulfilled.
However, in January, Health Canada refused to answer any question to the
city council itself, instead sending one representative to have lunch with
a few police, city staff and health officials. The ten page report that
health Canada prepared contained far less information about their programs
than is available on the internet or otherwise released to the public. We
have included the entire report condensed on one page in this edition of
Cannabis Digest, so you can see for yourself how limited it is. In the
meantime, the CBC has been acquitted of all charges related to the four
police raids that occurred between Jan. 2002 and Feb. 2003.
The
group has just celebrated ten years of operating and five years of having
the store. Though the government has made some improvements since
introducing the MMAR, many serious problems still exist with the programs.
The issues range from doctors not signing forms, to extended waits for
applications and re-applications, to an apparent lack of quality of the
cannabis produced for Health Canada in the mine in Flin Flon, Manitoba.
Many problems exist for those trying to grow their own medicine, and for
those who cannot, it is impossible to work with a professional cannabis
grower or club because of restrictions in the MMAR. This letter could
encourage the new Conservative government to review the MMAR, but for
entirely different reasons than those we have. Before taking office, the
Conservatives said they would not spend tax-payer's money on illegal drug
use.
While they were referring primarily to the safe-injection
drug sites, they have also made it clear they have no intention upon
decriminalizing cannabis for recreational purposes. To our knowledge, no
statements have been made by Tony Clements regarding the MMAR or the issue
of medical cannabis. If a review is conducted it is our intention to be
granted an Exemption 56 from the Controlled Drugs and Substance Act which
would allow us to do research until a proper regulatory system is in
place. This research would focus upon the benefits and/ or harms of using
a variety of cannabis strains and products. It would compliment other
studies being done which usually focus upon specific product or illness. A
federally regulated system could force compassion clubs to maintain
standards and practices that comply with health and employment policies.
While
regulations would create a whole new set of problems for compassion clubs,
it is better than waiting for the next police raid. Hopefully any
regulations controlling the supply of medical cannabis products will not
be so expensive and restrictive to abide by that new clubs will not be
able to open and existing clubs will not be shut down. Whether or not
Health Canada responds with a review of the MMAR, it is clear from this
letter that groups like the CBC of C have a necessary place in the
community as long as the federal government fails in it's
responsibilities.
Thank you to everyone who came to
witness our presentations to city council and especially to those who
spoke out in our defence. Thank you Mayor Lowe and Victoria City Council
for acknowledging the failures of Health Canada and requesting this review
of the MMAR. Keep posted for the Conservative's response.
HEMPOLOGY 101 CLASSES BEGIN AT U OF VIC IN SEPTEMBER
After
years of preparation and court battles we are ready to enter a new phase
of activism. The International Hempology 101 Society and the University of
Victoria Hempology 101 Club are proud to present a full year of Hempology
101 lectures at the University of Victoria starting on Sept 13. This
lecture series will feature experts from the cannabis industry and
professors from the university providing current information about
cannabis and prohibition to students and members of the public for free.
The full course calendar is on page 6, though the classroom will not be
booked until August.
The Hempology 101 Club at
U of Vic is the largest student club on campus, with over 300 members,
with the weekly 420 meetings attracting about 100 people every week. Last
year was the 10th year of the Hempology 101 Club.
These lectures will be video taped and
made available on hempology.ca. We will post the classes at
the relevant sections of the textbook for Hempology 101. Over the next
year the textbook will be updated and hopefully will be ready to go to
print by spring next year. Then we plan upon holding classes at Simon
Fraser University on Mondays, UBC on Tuesday and U of Vic on Wednesdays.
This will allow us to record 3 lectures a week during the school year to
add to the webpage as we record the living history of the movement. Our
goal is to legalize cannabis by educating the public about the history,
uses and legal status of the herb. We host an annual convention at the
University of Victoria, hold weekly meetings downtown, publish this
newsletter, maintain hempology.ca and hold other events
towards this end. We call it participatory education in constant passive
civil disobedience.
Updates, Warnings and Suggestions, by Gayle Quin
The 10th
Anniversary was lots of fun with great music and dancing .The night was
dark and stormy as is usual for January, so the turnout was small, the
food was fantastic, and enough was made from the raffle {besides a lot of
happy winners} to cover the cost of the rent for the hall. Everyone went
home tired, full, happy and high!
Members of the
club have been speaking with his honour, Mayor Alan Lowe and city council,
and although the cogs of government turn slowly they do turn. Mayor Lowe
has requested action from the federal government in regard to the MMAD
program. Many people are very unhappy with what the Federal Government has
come up with, including where 5.6 million dollars worth of research funds
went. The only thing shown thus far is cannabis nobody wants to smoke.
This is still a very emotional topic for many others and myself.
The governments of this land have been
known to show (and hide) many faces, and can be rather fickle. In some
cases, people who have had their licence to grow medicine have had their
renewal requests not go through on time and the local police come in to
arrest them. With insensitivity like that, who would not want apply? As
well as statistics stating over 1 million Canadians need access to
medicinal cannabis, and only slightly over 1 thousand being able to access
so far-it seems there is room for improvement. Why do we not
promote self-care and healing???
HEMPOLOGY 101 AGM ON AUGUST 22
If you are interested in learning more about the
organization behind this newsletter, the CBC of C, the conventions and
other meetings, please come to our Annual General Meeting on Tuesday
August 22 at 7:00 pm at 826 Johnson St.
Letter to Ted Smith from Health Canada
Dear Mr. Smith: Feb 24, 2006
President.
International Hempology 101 Society
This is in
response to your letter dated January 4. 2006, wherein you
specifically
asked Health Canada to address three questions.
The first question
asked in your correspondence was: "'Could you explain to
us how
amendments are made to the MMAR?''
The development of any regulatory
proposal, including amendments to
existing regulations (such as
Marihuana Medical Access Regulations,
(MMAR)), follows the Government
of Canada Regulatory Policy. This
Policy describes the principles that
govern the development of regulations,
including consultation with
Canadians in developing or modifying
regulations. A ten-step process is
described in the Regulatory Process: Guide
to
Developing a Regulatory Proposal.
In general, proposals for new regulations or regulatory
amendments are
published in Canada Gazette Part I, followed by an
opportunity for
stakeholders to provide comments. Consultation with
stakeholders often
takes place even before this step. Input on the
regulatory proposal is taken
into consideration before the regulations
are finalized and published in
Canada Gazette Part II. In the case of
the Medical Marihuana Access
Regulations, information on regulatory
change is also made available on
Health Canada's website.
For more
information on this process (Regulatory Policy and Guide to
the
Regulatory Process) and on the proposed Government of Canada
Regulatory
Policy, you may want to consult the following web
sites:
Regulatory Process:
http://www.pco-bcp.gc.ca/raois-srdc/default.asp?Language=E&Page=Publications&doc=regguide/regguide_e.htmGovernment
of Canada Regulatory Policy:
http://www.regulation.gc.ca/default.asp?Language=E&Page=consultation
The Canada Gazette website can be found
at:
http://canadagazette.gc.caInformation
on the Medical Use of Marihuana and Marihuana Medical
Access
Regulations can be found at Health Canada's website at:
http://www.hc-sc.gc.ca/dhp-mps/marihuana/index_e.htmlThe second question relates to cannabis resin. "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?"
Cannabis, its
preparations, derivatives and similar synthetic preparations,
including
cannabis resin are listed in Schedule II of the Controlled drugs
and
Substances Act (CDSA). All activities with respect to cannabis
are
prohibited except as authorized under
the regulations.
The MMAR
refer specifically to dried marihuana, which is defined in
the
Regulations as harvested marihuana that has been subjected to any
drying
process. The Regulations specifically refer to dried marihuana
for
Authorizations to Possess or Licences to Produce. As stated in
the
Regulations, marihuana means the substance referred to as
"Cannabis
(Marihuana) in
sub-item
1 (2) of Schedule II to the
Controlled Drugs and Substances Act (CDSA)
and therefore does not
include Cannabis resin. In addition, the information
material provided
when an Authorization to Possess or a Licence to Produce
is granted,
clearly states that the authorization or licence does not apply to
any derivatives of marihuana such as hashish, hash
oil, etc.
Your final
question pertains to research. "Do you have any research about
cannabis
resin?"
Health Canada has not conducted research on
cannabis resin. An extensive
review of the existing scientific
literature ahs failed to uncover any clinical
trials assessing the
safety, tolerability or efficacy of hash oil for
therapeutic
purposes.
I trust you will find this information
useful.
Beth Pieterson. Director General
Drug Strategy and Controlled Substances
Programme
Letter from Mayor of Victoria to Health Canada
March 20, 2006
The Honourable Tony Clement
Minister's Office-
Health Canada
Brooke Claxton Building, Tunney's Pasture
Postal
Locator: 0906C
Ottawa,ONKlA0K9
Dear Minister:
On behalf of Victoria City
Council, I am writing you regarding the issue of public access to
cannabis for medicinal purposes. This issue most recently
came to
our attention when numerous citizens expressed
their concerns to City Council.
Many of
these citizens currently rely on marijuana for the purpose of pain
management and have expressed an inability to access the Federal Marijuana Medical
Access Regulation (MMAR) program. The
meeting highlighted the concerns of the adequacy and effectiveness of
current Health Canada regulations governing distribution and access to
this controlled substance.
While the previous
government has endorsed in principle the efficacy of the medicinal
properties of cannabis,
adequate production and distribution channels
do not appear to be in place. In the absence of this
infrastructure, many Canadians will continue to suffer the debilitating
effects of their illnesses without the benefit of effective pain
management techniques.
Victoria City Council
therefore respectfully requests an immediate review of current policies
and regulations to determine where improvements can be made to ensure a
better quality of life for those Canadians in need of medical
assistance.
Sincerely.
Alan Lowe
Mayor
C: The Honourable Vic Toews. Minister of Justice and
Attorney General of Canada
Members of Council
Chief Paul Battershill, VPD
Ted Smith,
Victoria Cannabis Buyers Club
Linda Dabros, Director, Health
Canada
Philippe Lucas, Vancouver island Compassion Club and
Vice-Chair, Downtown
Advisory Committee
MORE CANNABIS PRODUCT INFO, by Gayle Quin
Cannabis has been a
preferred topical treatment since it began growing beside the campsite. 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 anti-septic, (stops bacterial
infections), anti-biotic (stops infections), anti-viral (herpes),
anti-inflammatory (stops swelling), anti-toxicant, anti- carcinogenic and
an analgesic (stops pain). Cannabis oils come in a variety of forms for
our use.
We can infuse cannabis directly into
oils, and we can express health- giving oil from its seeds. Oils may be
combined for specific uses as most plants work synergistically (better
together). Our skin is our largest organ and is capable of absorbing
medicine as well as expelling waste. It makes sense to apply medicine
directly to the site of need whenever possible. In this day and age this
is a very viable form of application because most people using a North
American diet have compromised digestive systems. Salve may be used
anywhere you would use a first-aide ointment.
The base oil is olive oil, which has healing
properties of its own. Salve is made by adding beeswax to the desired
consistency, with Vitamin E added to help preserve it You can use it for
cuts and scrapes, burns and new tattoos, fungus infections, dermatitis,
eczema, bug bites and bruises.
The massage oil is not only good for a
fabulous body rub, but takes pain and swelling away from arthritic joints,
and is enabling surgeries to be postponed and cancelled. Cannabis can be
used to replace almost any type of allopathic medicine; from diuretics to
anti-depressants - ear oil to throat sprays, and salves.
Marihuana For Medical Purposes In Canada
The Director of
Corporate and Regulatory Services circulated a copy of the Health Canada
report dated January 30. 2006 prepared by Linda Dabros and advised
Committee that this matter has een recently released to the media.
Committee requested that this matter be discussed when Councillor
Chandler is present at the next COTW meeting.
MARIHUANA
FOR MEDICAL PURPOSES IN CANADA
Presentation to: the Victoria. BC City
Council
By: Linda Dabros, Health Canada, January 30.
2006
CONTENT
-Context
-History
-Marihuana Medical Access
Regulations
-General Obligations
-Quick Facts
-Vision - The Way
Forward
Context
-Marihuana is not approved for therapeutic purposes
anywhere
in the world.
-HC's strategy around the supply of marihuana
to authorized
persons represents an attempt to deal with a number
of
influences: Court decisions; the 1961 UN Convention;
stakeholder
views; and legislative issues.
-The Marihuana Medical Access
Regulations (MMAR)
provide compassionate access to Canadians suffering
from
debilitating medical conditions, on the advice of
physicians,
and when conventional therapies have been
considered.
-HE supports research to better understand the safety
and
efficacy of marihuana for medical purposes.
-A major challenge
is to continually balance the need to
provide compassionate access,
with the requirement to control
the use of a controlled substance and
an unapproved
therapeutic product.
History
-In response to Court
action (i.e., Court of Appeal for Ontario,
R. v. Parker, July 2000),
the Minister of Health in September
2000, announced the development of
new regulations to allow
patients access to marihuana for medical
purposes.
-On July 30, 2001, the Marihuana Medical Access
Regulations
(MMAR) came into force.
-The MMAR clearly define the
circumstances and the manner
in which possession and/ or production of
marihuana for
medical purposes is permitted in Canada.
-The MMAR
outline the regulatory framework for
authorization to possess and
provision of a license to produce.
-On July 9, 2003 in response to the
decision of the Ontario
Superior Court, the government adopted a policy
which
provided a licit source, supply, and distribution mechanism
for
dried marihuana or seeds for medical purposes.
-This policy was
entrenched in the MMAR as of December 3,
2003, two Phases of regulatory
amendments have been
undertaken and a third-Phase is
forthcoming.
-Regulatory amendments have been made to
address
stakeholder concerns including patients,
physicians,
pharmacists and law enforcement.
Medical Marihuana
Access Regulations
Eligibility:
-Resident of Canada
-Limited to 2
categories of users:
Category I - compassionate end of life care:
specific
symptoms/ conditions listed (e.g., seizures, severe nausea
due
to cancer)
Category 2 - symptoms of a serious condition not in
1; requires
support of one specialist
-Categories are based on
current state of evidence
-Onus is on the medical practitioner to
assess the patient's needs and
to make a declaration on the
application
Supply: Ensures that people with authorization to possess
dried
marihuana for medical purpose have reasonable access to a
legal
source of supply.
-Three supply options are available to an
authorized person:
Can apply for a license to produce marihuana for
his/her own
personal use
Can apply to have a designated person
licensed to produce marihuana
on his/her behalf
Can apply to have
access to dried marihuana, grown for Health
Canada by Prairie Plant
Systems (PPS)
-The amount of marihuana produced by an authorized
grower, either
for himself or for another, is limited to the amount
approved by the ,medical practitioner.
General Obligations- Individuals
must show proof of authorization or
licence when asked by a police
officer
-Police have access to a 24 hours a day pager
service
-Notification to police (within 24 hours) and to Health Canada
in
writing (within 72 hours) must be made if card is lost or
stolen
-Cards must be returned if amendments are made to authorization
or
licence
-All existing by-laws must be adhered to
-If
cultivation does not take place at the licence holder's residence or
at
a place not owned by licence holder, consent must be obtained
by
property owner(s)
Medical Marihuana Access Regulations, Quick
Facts (as of Jan '06):
Possession: 1215 persons authorized to
possess marihuana
1196 authorized under the MMAR; 56 exempted under
Section56
Cultivation/ Production: 872 persons authorized to
cultivate
764 hold a Personal-Use Production License; 94 hold a
Designated-
Person Production License; 13 are exempted under Section
56
Applications Under the MMAR:
Average of 50 MMAR applications are
received monthly.
Accessing Government of Canada supply:
232
authorized persons receive HE product (dried marihuana)
The Way Forward
- Towards A "Health Care Model"
-To guide the way forward, HE consulted
extensively with
stakeholders.
-One of the key recommendations was
that every effort should be
made in program design to minimize health
risks to those authorized
to use marihuana for medical purposes.
-A
vision consistent with a "health care model" was developed
and
approved, including the following two main
features:
-discontinuance of personal cultivation under the MMAR
(phase-out);
-distribution of HE dried marihuana to authorized persons
through
pharmacies.
The Way Forward - Towards A "Health Care
Model"
Benefits of phase-out and pharmacy
distribution:
-standardized, quality product;
-less risk of
diversion;
-addresses municipalities' concerns about personal
cultivation (e.g.
adherence to by-laws);
-eliminates environmental
hazards related to personal cultivation (e.g.
mold);
-monitoring/
inspection would be restricted to a limited number rather
than to all
those currently licensed to grow;
-closer alignment with UN
conventions; and,
-pharmaceutical care is a reliable and integral
component of the health
care model.
Pot'litics, by Ted Smith
With a federal
Conservative minority government we can expect many changes in law that
reinforces the War on Drugs. A bill has already been introduced in
parliament that would increase sentences for growers and traffickers.
However, the minimum sentences and other
changes may not get past the justice committee which is reviewing the bill
because the other parties are not in agreement with these proposals. The
Supreme Court of Canada will likely throw out the minimum sentences, if a
case gets that far. Just like the Liberal governments proposed
decriminalization bill, these changes in law may never get past the
debating stage. A real problem could exist for the cannabis community if a
majority Conservative government takes control of Ottawa.
With many provincial and local governments
passing laws meant to catch growers, the supply of cannabis may get tight.
Many in the medical cannabis community are waiting for the Conservative
government to make a statement about their position on the MMAR, but to
our knowledge no changes at Health Canada have been
announced.
Pot activist freed from California jail
By ROBYN STUBBS, 24 HOURS,
April 18, 2006
The man who feared deportation to the U.S. would cost
him his life is alive and
well, and free in California.
Steve Kubby
left Canada Jan. 26 after failing to convince a Federal Court
justice
that being sent back to the U.S. to face drug charges would
kill him. Lawyers
argued Kubby needed his medicinal marijuana to treat
a rare form of adrenal
cancer.
Now living in Aubern, California, on
a mix on Marino! and organic weed, Kubby
has served a total of 62 days
in American jail - one-third of his 120-day sentence
for the original
charge of possessing mescaline, and another 22 days of a
60-day
sentence for fleeing to
Canada while on probation. He lost 30 pounds.
While in jail, Kubby said he was prescribed Marinol, a legal
drug that includes the
active ingredient in pot, which "miraculously"
stabilized his blood pressure.
Now that's he's free, he said he's found
"just using the Marinol creates side effects,
the worst being
indigestion. I augment that with the natural plant, and I don't
have
that side effect." That way, he uses less pot, which saves him
money and suspicion
from police, he
added.
He also said that while
he's creating a new identity for himself as an American, he's
anxious to bring his family back to Canada for
good.
"We absolutely adore
Canada and the Canadian people. It's been very rough on my
wife and two
daughters adjusting to American culture. I don't think a day goes
by
when we don't think of how much we miss Canada and how much we want
to come
back," Kubby told 24
hours yesterday.
CANNABIS CONVENTION A HOOT, by Anthony D'Agoti
The 7th Annual Cannabis Convention, held on Sunday February 5 at the
University of Victoria's David Lam Auditorium, was a huge success. The
David Lam Auditorium, usually home to sociology classes and the likes, was
alive with energy, as Minneh of SAN FAN opened with a passionate speech
about her hardships and how to use hope and love to overcome adversity and
survive through times of pain. 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 donating countless hours of volunteer work for
AIDS Vancouver Island, giving over 700 talks to raise awareness about HIV
and AIDS.
Joanna McKee and Stich,co-founders
of the Green Cross, talked about the patient coop that has been serving
the sick in Washington State for 13 years. Their mandate is to assist each
other through education, information, counselling, 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.
Another American, Renee Boje, has not been so lucky
in her cannabis activism in the United States. 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 Me Williams 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. Renee later met author, activist and Pot TV
manager. Chris Bennett, whom she married and has had one child with,
Shiva. On June 17, 2005 the Canadian Minister of Justice, Irwin Cotler.
ordered her surrendered to US authorities; she turned herself in and was
released on bail pending an appeal.
Chris Bennett,
author, activist and manager of Pot TV decided to pay us a surprise visit
and gave a fascinating talk about the biblical history of cannabis based
primarily out of his book Sex. Drugs. Violence and the Bible. Moreover, he
touched on the global war on drugs and the influence the United States has
on manipulating Canada's drug war, using his wife Renee as a prime
example. The convention ended with a game of Reach For The Pot. This is a
new game show played every Weds at 7:00 pm downtown at the Hempology 101
meetings.
COOKIE GIVEAWAY APPEAL by Ted Smith
Last fall I was convicted of
possession for the purpose of trafficking THE after being arrested on Nov
15, 2000 on International Medical Marijuana Day before the annual cookie
giveaway. My appeal should be this fall.
Here
are the details. —The defendant's rights were violated under Section 11(d)
of the Canadian Charter of Rights and Freedoms by the unnecessary refusal
to be allowed to witness proceedings held in private judges chambers where
issues involving the constitutional challenge were discussed in the very
early stages. There is no record at all of the hearing in judge's chambers
on Jan 24, 2001.
Even the transcript of
Feb 20, 2001, is incomplete, starting some time after the proceedings had
started and obviously only after repeated suggestions by the defendant's
lawyer that he should be present. There was no reason given for these
hearings to be held in private chambers without the accused or general
public allowed access. Not being a witness to critical discussions
regarding the constitutional challenge denied the defendant the ability to
instruct his lawyer and other legal consultants with a complete
understanding of the judicial process through which the case was
involved.
— The defendant's rights
were violated under Section 11(d) of the Canadian Charter of Rights and
Freedoms by the unnecessary refusal to be allowed to witness all
proceedings regarding this trial. Judge Wilson acknowledged that private
chamber meetings are now- rare in Supreme Court because of the lack of
transparency, the possibility of judicial prejudice occurring behind
closed doors, and other concerns. There is no extra burden
upon the court to have all proceedings in public where the defendant,
media and general public can witness justice.
Public hearings should absolve judges of accusations
of judicial prejudice, ensure fair and consistent legal process and allow
the defendant every opportunity to understand how the crown is proceeding
with the prosecution. The public has every right to witness these types of
proceeding, particularly if they are of political nature.
In transcript from his private chambers, Judge
Smith states several times that he believes the defendant has political
intentions. The law is created by politicians who are elected to realize
the wishes of the public. The public debates the issues pertaining to law
through the media, which report upon important cases so that an
understanding of the judicial process can be made accessible and
transparent. So if judges do not consider changing the law to be their
job, then they should not stop the media from informing the voters so they
can do their job. The decision made by Judge Smith to move the hearings
into his private chambers had everything to do with his personal political
opposition to the defendant's position and had no legal
justification.
— The defendant's
rights were violated under Section 11(d) of the Canadian Charter of Rights
and Freedoms by the unnecessary refusal to be allowed to witness all
proceedings regarding this trial. Provincial court judges should not have
the arbitrary and discretionary power to move complex, public trials to
their private chambers at preliminary stages of a trial for no reason
other than to undermine and confuse the defendant.
In fact, very early in the transcripts from the
private chambers hearing of Feb 20, 2001, Judge Smith states that the
defendant will read the transcript as he prepares his appeal against
conviction, implying that the trial was predetermined. Judge Smith also
stated that the defendant's lawyer was acting in his peril by requesting
that the constitutional questions occur at the conclusion of the trial. No
reason was ever given for combining the constitutional questions from this
trial and another the defendant was facing, to be held far in advance of
the actual trials.
Instead of ensuring that the trail proceeded in a
fair and expeditious manner, these private chambers hearings forced the
defendant to act without a full understanding of the process. The extra
time delay that occurred because of this confusion in the process made it
impossible for the defendant to remain in contact with any of the student
witnesses to the event because any student going to school in Nov, 2000
would have graduated in April 2004, almost 1 year before the trial
started. Originally 7 students were prepared to be witnesses in
court.
The defendant's rights were violated under
Section 7 of the Canadian Charter of Rights and Freedoms by the inclusion
of THE in the CDSA without any allowance for small traces of the drug,
which are legal and healthy when consumed orally. The Industrial Hemp
Regulations allow for 0.3% THE in the plant and 10 micrograms of THE in
hemp products. It is clear that the CDSA and Industrial Hemp
Regulations are not consistent, and while the CDSA may supersede the
Industrial Hemp Regulations, that does not mean that the law should not be
written with a blanket criminal prohibition of THC. The test used by the
analyst proved that THC was present, but it could have been a very small
amount. Further, evidence from Dr. Pate suggests that other cannabinoid
such as CBD have very similar molecular weights and may be mistaken for
THC. Nor can the test done by the analyst tell the difference between THC
from hemp or marijuana. —The defendant's rights were violated under
Section 7 of the Canadian Charter of Rights and Freedoms by the inclusion
of THE in the CDSA.
The absolute prohibition
of THC conflicts with the public's sense of fair play and decency,
especially when considering that the sharing of small amounts of THC in
edible products has a maximum penalty of life imprisonment. Considering
that the charge and potential punishment is so serious, the state should
have to properly test the substance in question to determine the quantity
of THC. The penalties associated with sharing even small amounts of this
beneficial drug are even greater than those for trafficking cannabis and
cannabis resin, and therefore the law appears to be grossly
disproportionate in the eyes of the community. According to the CDSA,
every time a hemp product is sold, the crime of trafficking THC has
occurred.
— Before giving his instructions to
the jury, Judge Wilson realized that the jury will be confused when
considering the testimony of the analyst and Dr. Pate because it was clear
from their evidence that there were legal sources of THC. However, simply
referring to the principle of de minimus and R. v. Keiser' (1990) 98
N.S.R. (2nd) 266 does not mean that this problem is irrelevant. In his
instructions he essentially repeated the absolute prohibition of THC,
forcing the jury to disregard the possibility that the THC came from a
legal source.
The jury was not reminded that
the other products that contain THC were legal. They were not reminded
that another cannabiniol, CBD, has the same molecular weight as THC. The
jury had no choice but to convict the defendant after the instructions of
the judge, including the flow chart he provided which left no room for the
relevant questions in this case. The instructions to the jury should have
been adjusted after it was clear that there were legal sources of THC,
like the lip balm that was presented as evidence.
For more information check out the web-page,
including all the references used in this appeal. This is my last trial or
appeal to deal with. Thanx for all the support.
Thanks
to our contributors: Ted Smith. Gayle Quin. Anthony D'agati, Mayor Alan
Lowe, Beth Pieterson
Mandate
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Ninth Edition, Summer 2004 
