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Canada: Judge quashes pot law

Trevor Wilhelm

Windsor Star

Friday 15 Apr 2011

Marijuana possession and cultivation could be legal in 90 days if the government doesn't act quickly -but until then you should probably resist the urge to spark up a joint on the police station steps.

"Unless there's a change in the legislation, it's status quo for us," said Windsor police Sgt. Brett Corey.

A St. Catharines judge ruled Monday that Canada's medical marijuana program is unconstitutional, based on findings that patients are often prevented from legally getting their drugs because most doctors boycott the system.

By extension, the judge also quashed laws against possessing and producing cannabis, giving the government three months to appeal. If the ruling isn't challenged, pot possession will essentially become legal.

The ruling comes from the constitutional challenge of a man who relies on medical marijuana to relieve pain brought by fibromyalgia, scoliosis, seizures and depression.

The government is expected to appeal and get a stay of the ruling until the case is heard.

Windsor lawyer Frank Miller said that based on his understanding of the ruling, the judge isn't saying pot should be legally accessible for everyone.

Miller said the judge was making the statement that inadequate access to medical marijuana exists and since people who need it can't get it, that renders pot laws unconstitutional.

He said similar cases occurred 10 years ago, and in 2003.

In October 2003, an Ontario Court of Appeal ruling again made pot possession illegal, ending a nearly five-month grace period for marijuana smokers.

Read more: http://www.windsorstar.com/news/Judge+quashes/4620261/story.html#ixzz1JaJGOd2A

 

 

 

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