Landmark marijuana case

Leading pot advocate gets his day in court

By Kim Westad (TC Staff)

Eleven jurors examined marijuana seeds and greyish brown powder Monday
as Victoria's leading advocate for decriminalizing marijuana got his day
in court. It's the first of a scheduled five days in court, as Ian
Hunter fights charges of possession of marijuana for the purpose of
trafficking, possession of magic mushrooms and cultivating marijuana.

Although Hunter has pleaded not guilty to the charges, his aim is as
much to focus public attention on decriminalizing marijuana as escaping
a criminal record.

He had been growing a 25centimeter pot plant in the window of his
Johnson Street Sacred Herb Hemp Shop for months by the time the Victoria
Police arrested him July 26, 1996, the B.C. Supreme Court jury heard.

And when in police custody, Hunter told police he'd put the plant in the
window to be used as "bait" so he could be arrested, Const. Darren Laur
testified.

On July 26, Laur, acting on a complaint from a woman who had seen the
plant, went into the store with a search warrant. He was politely
helped by the staff, he said, though they did tape record all their
dealings with police.

"Everyone was very cooperative," said Laur.

Laur seized the plant and 22 marijuana seedlings, some greyishbrown
material that later proved to be magic mushrooms and hundreds of
marijuana seeds. It is the seeds that prosecutor David Mulroney says
constitute the marijuana trafficking charge.

Hunter is the first person in Victoria to be charged with possession of
marijuana for the purpose of trafficking for possession of marijuana
seeds, a point Hunter brought out in crossexamination of Laur.

Though obviously holding much different perspectives on marijuana
legalization, Laur and Hunter were polite toward one another as Hunter,
acting as his own lawyer, questioned the veteran officer. Hunter made
several pretrial Charter of Rights arguments, and has learned his way
around the courtroom.

Though he often dresses in hemp clothing, he shucked that Monday for a
grey flannel suit. "When in Rome ...", he said.

Laur is the only Crown witness. Hunter's case is expected to start
today before the eightman, threewoman jury. Like most juries, it is a
crosssection of society. They were given seeds and magic mushrooms to
examine.

"The police would probably like that back when you're finished," Justice
Montague Drake told them as they examined the magic mushrooms.

Outside court, the notshy Hunter said his case is "the leading one in
Canada." If possession of seeds is a criminal act, Hunter said it could
have devastating effects on farmers who grow hemp, since hemp and
marijuana come from the same seed. (Hemp is legal)