MARIJUANA CAMPAIGNER WINS LEGAL BATTLE

TORONTO, Dec. 10 (UPI) _ A Canadian epilepsy patient who has campaigned for
the legalization of cannabis for medical use has won an important court
battle.

An Ontario provincial court ruled today that 42yearold Toronto resident
Terry Parker may buy or smoke cannabis, or marijuana, to treat the disease.

The court has ordered police to return more than 70 marijuana plants seized
from his apartment in a July 1996 raid.

Parker, who has suffered from epilepsy most of his life, had argued in an
affidavit that he needs marijuana to treat epileptic seizures, and asked
the court to overturn a federal law banning the use of marijuana.

Judge Patrick Sheppard has accepted arguments that Parker's disease is best
controlled by a combination of marijuana and other drugs, and that the
Narcotics Control Act violated his constitutional rights.

He has exempted Parker and others like him from the law, allowing them to
buy, grow and use cannibis for medical purposes.

Parker's lawyer Aaron Harnett told United Press International the ruling
applies to Ontario only, but can be cited in other jurisdictions, since the
Narcotics Control Act is a federal law.

However, Harnett says anyone selling marijuana could still be prosecuted
for trafficking, and Parker would not be able to buy the drug by
prescription, since it is simply not available in pharmacies.

To get around the dilemma, the court ruled that Parker would have the right
to grow the marijuana plant for his own use.

The court did find Parker guilty for trafficking, since he admitted to
police during the July 1996 raid that he had given the marijuana to others.

However, Harnett says that ruling was a technicality, and the judge has put
Parker on probation as ``token'' punishment.

The Crown is considering an appeal.

Copyright 1997 by United Press International.