CN BC: Pot Advocate Was A Victim Of Discrimination, Defence

(Source:Vancouver Sun)
13 Jan 2005

VICTORIA - Marijuana champion Ted Smith is the victim of discrimination because he is a pot smoker and a political activist, a provincial court judge heard Tuesday.

Defence counsel Robert Moore-Stewart argued police and the Crown violated Smith's rights to equality guaranteed by the Canadian Charter of Rights and Freedoms. "He is being discriminated against as a cannabis user and a political activist," said Moore-Stewart.

Smith, 35, is facing a charge of trafficking in marijuana. His trial wrapped up Tuesday. A verdict is scheduled to be handed down Jan. 20.

Smith is charged in connection with a Nov. 8, 2002 rally at the University of Victoria where he spoke to about 40 people about marijuana, its benefits and his objections to the law prohibiting it.

He then lit up several joints and passed them out to the crowd.

After the rally, plain-clothes officers arrested Smith. Moore-Stewart said the Crown was unfairly escalating the charge and that Smith merely shared some marijuana joints. He made no money, he said.

Normally Smith would face a charge of simple possession not trafficking in a controlled substance.

Under the Canadian Criminal Code, possession carries a maximum penalty of seven years in prison.

Trafficking carries a maximum of life.

[size=-1]Pubdate: Thu, 13 Jan 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: sunletters@png.canwest.com
Website: http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477[/SIZE]