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Canada: Federal Restrictions on Marijuana Growth Unconstitutional

National Post

Monday 02 Feb 2009

VANCOUVER -- The federal government's medical marijuana program and the restrictions it places on growing the drug are unconstitutional, according to a B.C. Supreme Court justice who has endorsed a recent Federal Court decision.

Justice Marvyn Koenigsberg gave the federal government a year to fix regulations so that compassion clubs or groups of users can get together and have a common grow operation.

At the moment, any licensed grower is restricted to supplying only one licensed user.

Although Justice Koenigsberg found the regulations unconstitutional, she still convicted Mathew Beren of Vancouver Island of trafficking. However, she gave him an absolute discharge, meaning he will have no criminal record.

Mr. Beren had been growing pot for a Victoria-area compassion club and argued he should not be convicted because the regulations were an unreasonable barrier to patients' access to needed medication.

But the judge said many of those served by the club lacked a government licence to use medical marijuana.

Vancouver Sun

http://www.nationalpost.com/news/story.html?id=1245268

 

 

 

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