[420 Girl]

Russell Barth's opening stand-up bit is a self-deprecating mixture of his medical condition and appearance.

"You wouldn't know it to look at me, but I use marijuana every day," the long-haired Ottawa man tells his laughing audience.

The 39-year-old suffers from fibromyalgia and arthritis, and has a federal licence for medicinal marijuana. So does his wife Christine Lowe, who has epilepsy and asthma.

And now Mr. Barth has become the latest marijuana user to file a complaint with the Ontario Human Rights Commission, after being prevented from smoking outside an Ottawa comedy club after a May 7 performance.

Absolute Comedy management told the couple that liquor licence rules prevented them from lighting up on the front patio near cigarette smokers.

They left "embarrassed and humiliated," according to Mr. Barth's complaint, which claims the Alcohol and Gaming Commission of Ontario is violating the provincial Human Rights Code -- specifically, his ability to use marijuana in designated smoking areas. Marijuana helps his appetite, prevents anxiety attacks and allows him to walk without "jangled nerves," Mr. Barth said.

Health Canada's Marijuana Medical Access regulations allow for Mr. Barth and his wife to use marijuana. But the provincial Liquor Licence Act prohibits the possession or consumption of controlled substances on an establishment's premises.

He doesn't blame the Preston Street club's management, saying they are stuck between two conflicting laws. Absolute Comedy recently received a warning after a provincial inspector claimed to have smelled marijuana on customers. Signs were posted inside and outside, said Jeff Tanguay, one of the club's managers.

Mr. Barth thinks a short amendment to the Liquor Licence Act would provide for medical marijuana users

"That's the legal conundrum," he said. "If we possess marijuana when we walk in, we're in violation of the act. If they don't let us in, it's a violation of our human rights."

Mr. Barth performed stand-up comedy in the mid-1990s, but his health forced a hiatus from the stage until last summer. Now he worries that he won't be able to continue. If an inspector witnessed Mr. Barth on- stage and "red-eyed" after using marijuana, the club could face disciplinary action.

Mr. Barth is not seeking financial damages. He simply wants the federal and provincial governments to calibrate their policies and has already written to Premier Dalton McGuinty, opposition leaders and Ottawa West-Nepean MPP Jim Watson and MP John Baird.

"I just want the same access as tobacco users," he said.

Inspectors and registrars are simply enforcing existing laws and regulations, said spokeswoman Lisa Murray, adding that amendments are the provincial cabinet and legislature's responsibility. However, Ms. Murray noted that discretion often plays a role in any sanctions or suspensions the commission levies against violations by liquor-licence holders.


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