cannabisnews.com: Judge Calls Marijuana Law Invalid 





Judge Calls Marijuana Law Invalid 
Posted by CN Staff on January 02, 2003 at 11:09:30 PT
By CBC News Online Staff
Source: CBC
Windsor, Ont. - A judge in Windsor, Ont., has ruled that Canada's law on possession of small amounts of marijuana is no longer valid. Justice Douglas Phillips made the ruling in dismissing two drug charges against a 16-year-old local boy. In his ruling, Phillips said Parliament has failed to address problems with Canada's marijuana laws. In July 2000, the Ontario Court of Appeal struck down a federal law prohibiting the possession of less than 30 grams of marijuana. 
The court found in the case of epileptic Terry Parker of Toronto that the law violated the rights of sick people who use marijuana for medical reasons. The court gave Ottawa a year to come up with a new law on marijuana possession for medicinal purposes. The federal government responded with the Marijuana Medical Access Regulations, which went into effect July 31 of last year. The new rules allowed the use of marijuana for medical reasons, but they didn't address the issue of recreational use. The teen's lawyer, Brian McAllister, argued there is effectively no law in Canada prohibiting the possession of 30 grams of marijuana or less. His client was accused of possessing five grams of pot. "I think it's also satisfying to know that this particular law has been declared invalid, particularly given how burdensome it is in terms of criminalizing the behaviour that hundreds of thousands of Canadians engage in," he said. Federal Justice Minister Martin Couchon said last year the government is considering decriminalization the laws for small amounts of marijuana possession. Newshawk: puff_tuffSource: Canadian Broadcasting Corporation Published: Thursday, January 02, 2003Copyright: 2003 CBCWebsite: http://www.cbc.ca/Contact: cbcinput toronto.cbc.caRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmJudge To Decide If Ban On Possession is Validhttp://cannabisnews.com/news/thread15090.shtmlJudge Will Rule on Validity of Pot Lawhttp://cannabisnews.com/news/thread15070.shtml
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Comment #1 posted by Ethan Russo MD on January 02, 2003 at 11:15:56 PT:
Some Legal Systems Work
It is a pleasure to know that Canada has principled judges that will do what is proper, and not merely expedient.This should create a few well-earned ripples south of the 49th parallel!
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