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Canadian Marijuana Laws Ruled Unconstitutional

420Times

Wednesday 13 Apr 2011

In a stunning decision, Ontario Superior Court Donald Taliano has ruled that Canada’s medical marijuana program is run in such a manner that it compels sick people to break the law to get relief, therefore it is unconstitutional and so are the laws prohibiting acquisition and use of cannabis, at least in the province of Ontario.

Justice Taliano noted that the federal program is almost nonfunctional, with some patients waiting nine months for their applications to be processed, and that many doctors simply refuse to sign forms giving their patients legal access to their medication. "The effect of this blind delegation is that seriously ill people who need marijuana to treat their symptoms are branded criminals simply because they are unable to overcome the barriers to legal access put in place by the legislative scheme", he was quoted in the Toronto Star.

According to the Vancouver Sun, a court case determined that the Canadian Charter of Rights and Freedoms guarantees people with serious medical conditions the right to use marijuana if it relieves their pain. This led to the creation of Canada's medical marijuana program, so Justice Taliano's ruling essentially says that you can't have a medical marijuana program in name only; it has to actually help sick people or it’s unconstitutional. (State governments in Montana, New Jersey, and Maryland, take note!)

This ruling gives the province 90 days to essentially fix the problem, or risk have all laws against marijuana go away as well. Considering the political problems that anti-marijuana Prime Minister Stephen Harper are having right now, I'd say it's time he started thinking outside the box. BC Bud, anyone?

http://the420times.com/2011/04/canadian-marijuana-laws-ruled-unconstitutional/

 

 

 

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