cannabisnews.com: Pot Charge Rejected in Potential Landmark Case Pot Charge Rejected in Potential Landmark Case Posted by CN Staff on January 02, 2003 at 11:23:50 PT By The Canadian Press Source: CTV Windsor, Ont. — An Ontario Court judge threw out a marijuana charge against a 16-year-old boy Thursday in a decision lawyers say could soon spell the end of Canada's prohibition on possessing small amounts of pot. Justice Douglas Phillips dropped the charge after lawyer Brian McAllister argued in court that there is effectively no law in Canada prohibiting the possession of 30 grams of marijuana or less. McAllister warned that even though the ruling could be precedent-setting, anyone possessing small amounts of marijuana could still be charged."I doubt police will stop charging people for the moment," said McAllister.McAllister had brought forward an application to have the charge dropped on the grounds that Ottawa has not yet adequately dealt with a ruling two years ago from the Ontario Court of Appeal. In that landmark decision, the appeals court sided with marijuana user Terry Parker, who argued that the law violated the rights of sick people using the drug for medical reasons. Parker, an epileptic, said he needs marijuana to control his seizures.As a direct result of that ruling -- and Ottawa's failure to adequately address it -- the federal Controlled Drugs and Substances Act no longer prohibits marijuana possession, McAllister argued.The federal government's response to the Parker ruling was its now-infamous Marijuana Medical Access Regulations, which are supposed to allow marijuana use for medical reasons under certain circumstances.Those regulations are currently the subject of a separate constitutional challenge by a group of marijuana users who say they don't adequately meet the needs of seriously ill people who need pot for treatment.Joseph Neuberger, one of several lawyers involved with that challenge, said Thursday's decision could be the beginning of the end of the laws that make simple possession illegal in Canada."Because of the Parker decision, the government had to put in place a regime that allowed proper access for those who needed it for medical purposes," Neuberger said."The argument is the government never complied with that order ...that for simple possession, there really was no law." In the case of the Windsor-area teen -- who can't be named because he's a minor -- federal drug prosecutor Ed Posliff argued that it was a crime to possess marijuana if it wasn't authorized for use for medical reasons.McAllister argued, however, that the Ontario Court ruling made the entire law invalid because the federal law wasn't changed properly."Parliament didn't fix the problem in the right way," McAllister said Thursday. "They did it by way of regulations and the Court of Appeal (was) required to address the issues with some legislation."McAllister noted that even though the possession charge involving the youth has been challenged, it's still illegal to traffic and grow marijuana.Source: CTV (Canada)Published: Thursday, January 02, 2003Copyright: 2003 Bell Globemedia Interactive Inc. Website: http://www.ctv.ca/Contact: newsonline ctv.ca Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmJudge Calls Marijuana Law Invalid http://cannabisnews.com/news/thread15092.shtmlJudge 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 Home Comment Email Register Recent Comments Help Comment #36 posted by FoM on January 06, 2003 at 22:55:21 PT AlvinCool I'm sorry I didn't answer you before this but I just found your comment. Yes they are training pigs to sniff out drugs. [ Post Comment ] Comment #35 posted by AlvinCool on January 03, 2003 at 05:43:26 PT Sorry Sorry FoM I didn't catch the animal planet thing at first. I'm really slow at things like that. But since you brought it up, you know that they make their K-9 dogs actual police officers. Since they are using the "swine" as drug sniffers did they say if they would be giving they officer status?And before anyone laughs, ever been threatened by 300lb of bacon? Hmnn..... nevermind [ Post Comment ] Comment #34 posted by FoM on January 02, 2003 at 17:53:13 PT BGreen That's fine. No problem and don't worry about it. We are watching the Animal Planet and they showed them using pigs to sniff out drugs. That was just too funny. LOL! [ Post Comment ] Comment #33 posted by BGreen on January 02, 2003 at 17:21:17 PT Thanks, FoM It doesn't bother me that bad and you've got better things to do than protect my ego over trivial things. The only thing I really don't like is when I'm a little angry and I spout off.It's like my marriage. I don't plan things out and get into trouble, it's the stuff that just spills out that gets me into the dog house. :-) [ Post Comment ] Comment #32 posted by FoM on January 02, 2003 at 17:11:42 PT BGreen Tell me if you want me to delete something and you can repost and I'll remove all comments like mine and your response if you want. Just let me know. No rush. I'll see what I can do about editing but Ron Bennett made the preview feature and he doesn't have an edit feature on his boards so I'm not sure if it is hard to do or not. I can fix it though. I'll check back after I get some work done I need to do. [ Post Comment ] Comment #31 posted by BGreen on January 02, 2003 at 17:07:25 PT Per Say? Mer Cey! I meant "per se" not "per say."I'd still like the ability to go back and edit our posts. I know we've asked a lot with the preview screen and chat room, but having my mistakes recorded for posterity doesn't make me feel very comfortable. [ Post Comment ] Comment #30 posted by The GCW on January 02, 2003 at 16:45:53 PT Oh Cannada Yes, this news is making the ashcroft and walters set, vaporize.Bush and His crew with his desire to cage cannabis Users = condom scrap.Did they ever give a promotion to that person who refered to Bush as a moron?Canada has made a lasting impression, on My mind. I hope they do the same for the John "Pee" Walters' of the world."Pee breath" should find respectable work.Cannada basically is saying the American example sucks and they are disassociating themselves with such inefficient discredited bunk in exchange for Truth.Yeah! [ Post Comment ] Comment #29 posted by BGreen on January 02, 2003 at 15:43:28 PT Oops, It's Not Carcinogenic per say That's what a local news broadcast said, but I was in such a hurry to post this to everybody that I didn't read the entire article I found.It MAY increase the dangers of other carcinogens, though. Read the article for all the info.Sorry, I'm just a musician. [ Post Comment ] Comment #28 posted by BGreen on January 02, 2003 at 15:37:55 PT New Study Out Today Shows Nicotine Carcinogenic It's more proof that "smoking" is NOT the same when comparing tobacco and cannabis. The pro-jail crowd tries to transfer ALL of the known dangers of tobacco to cannabis by using the word "smoking." In light of all of the mounting evidence about the dangers of tobacco it appears that even vaporization wouldn't take the dangers out of using tobacco. The researchers are even recommending limited use of nicotine patches and gum because of the apparent danger of nicotine.WASHINGTON (AP) Nicotine makes smoking addictive and is bad for the heart, but 60 other cigarette chemicals are blamed for causing cancer. Now some biochemists say nicotine might help set the stage for those chemicals to do their dirty work.Certain tobacco chemicals trigger cellular genetic damage. Damaged cells are supposed to commit suicide; if they do not, the damage eventually accumulates enough to turn cancerous.Nicotine activates an enzyme reaction that inhibits cellular suicide, says new research by scientists at the National Cancer Institute.(snipped) Study Looks Nicotine's Role in Cancer [ Post Comment ] Comment #27 posted by BGreen on January 02, 2003 at 15:27:44 PT Pot-TV has a video up, too I just can't get enough. Canadian Pot Laws Invalid! [ Post Comment ] Comment #26 posted by FoM on January 02, 2003 at 15:25:06 PT A Little Comic Relief - That 70's Show I didn't know that Pot-TV had this show posted so here it is! We have it taped and laugh every time we watch it!High Society: That 70's ShowThe sitcom classic where the boys and girls of That 70's show get caught with the demon weed. May be the best anti-reefer madness, anti-parental hysteria shots at drug prohibition from Cable TV. http://www.pot-tv.net/ram/pottvshowse1538.ram [ Post Comment ] Comment #25 posted by FoM on January 02, 2003 at 14:58:09 PT CBC Audio Clip http://www.cbc.ca/clips/ram-audio/rosenbau_w6030102.ram [ Post Comment ] Comment #24 posted by FoM on January 02, 2003 at 14:56:19 PT CBC Video Clip http://www.cbc.ca/clips/ram-lo/saltzman_marijuana030102.ram [ Post Comment ] Comment #23 posted by Jerr-man on January 02, 2003 at 14:20:52 PT Good News for all !!! This is wonderful news! Honey ,let's pack the car and head north. Wait,I gotta better idea...let's stay here and change our laws. Thank you Canada for making our job a little easier. Even though we live in the snow belt, a vacation in the "higher" regions of Canada is sounding really good.What a way to start 2003!! Momentum is the truths friend. Welcome friend. : pp........that's me thinking of John Walters..laughing so hard..pissing my pants. j-m [ Post Comment ] Comment #22 posted by FoM on January 02, 2003 at 14:12:43 PT John Tyler I didn't know he was a Canadian. I'll make sure I watch ABC News tonight. Thanks! [ Post Comment ] Comment #21 posted by John Tyler on January 02, 2003 at 14:05:02 PT ABC news The only news outlet that might carry this news would be ABC because the anchor is Peter Jennings, a Canadian. [ Post Comment ] Comment #20 posted by herbdoc215 on January 02, 2003 at 13:32:25 PT We are on the way to Peace in Canada!!!!WE WON! -------------------------------------------------------------------------------- POSTED AT 3:19 PM EST Thursday, January 2 Pot case could set precedent -------------------------------------------------------------------------------- Advertisement -------------------------------------------------------------------------------- Globe and Mail Update with Canadian PressAn Ontario Court judge threw out a marijuana charge against a 16-year-old boy Thursday in a decision that lawyers say could soon spell the end of Canada's prohibition on possessing small amounts of pot. Justice Douglas Phillips dropped the charge after lawyer Brian McAllister argued in court that there is effectively no law in Canada prohibiting the possession of 30 grams of marijuana or less.Mr. McAllister warned that even though the ruling could be precedent-setting, anyone possessing small amounts of marijuana could still be charged."I doubt police will stop charging people for the moment," he told reporters.Mr. McAllister had brought forward an application to have the charge dropped on the grounds that Ottawa has not yet adequately dealt with a ruling two years ago from the Ontario Court of Appeal.--------------------------------------------------------------------------------Marijuana timeline for Canada 1923: Marijuana banned in Canada under the Opium and Drug Act 1961: Canada's narcotics laws were amended to increase the minimum penalty for marijuana cultivation to seven years and that for importation and exportation to a minimum of 14 years. 1973: The federal government's Le Dain Commission called for an end to charges for marijuana possession and cultivation. 1992: Umberto Iorfida, president of the National Organization for the Reform of Marijuana Laws Canada(NORML), was charged under section 462.2 of the Criminal Code with glamourizing and promoting the use of illicit drugs. Two years later, the case was thrown out by Madam Justice Ellen Macdonald of the Ontario Court who ruled that section 462.2 was unconstitutional. 1994: Ontario farmer Joe Strobel was granted a licence to grow 10 acres of marijuana for research into its agricultural potential. August, 2000: Ontario's court of appeal ruled that banning marijuana for medicinal purposes violates the Canadian Charter of Rights and Freedoms. July, 2001: Canada becomes the first country in the world to legalize the use of marijuana by people suffering from terminal illnesses and chronic conditions September, 2002: The Senate Committee on Illegal Drugs released its final report saying, in part, that marijuana is less harmful than alcohol and should be governed by the same sort of regulations. December, 2002: Quebec Court Judge Gilles Cadieux threw out possession and trafficking charges yesterday against two volunteers at a medical marijuana club. He said authorizing those who are ill to use marijuana in Canada while depriving them of a legal source violates the right to life and liberty under the Charter.--------------------------------------------------------------------------------In that landmark decision, the appeals court sided with marijuana user Terry Parker, who argued that the law violated the rights of sick people using the drug for medical reasons. Mr. Parker, an epileptic, said he needs marijuana to control his seizures.The federal government's response to the Parker ruling was its now-infamous Marijuana Medical Access Regulations, which are supposed to allow marijuana use for medical reasons under certain circumstances.As a direct result of that ruling — and Ottawa's failure to address it adequately — the federal Controlled Drugs and Substances Act no longer prohibits marijuana possession, Mr. McAllister argued.Those regulations are currently the subject of a separate constitutional challenge by a group of marijuana users who say the rules do not adequately meet the needs of seriously ill people who need pot for treatment.In December, a Quebec judge ended a drug-trafficking trial, dropping all charges against two activists who dispensed the drug for medical use at a Montreal Compassion Club.Marc-Boris Saint-Maurice, head of the Compassion Club, and Alexandre Neron were accused of possession of marijuana and trafficking the drug.Justice Minister Martin Cauchon has said he will introduce legislation to decriminalize possession of small amounts of marijuana in the new year.On Dec. 13, the Supreme Court of Canada said it had no choice but to postpone a landmark case in light of the federal government's decision to introduce legislation to decriminalize marijuana.Canada sought to adjourn a hearing on claims by convicted pot smokers that the federal marijuana laws are unconstitutional because the drug is harmless. The lawyers for the defendants and the Crown wanted to go ahead with the hearing, but Chief Justice Beverley McLachlin said that would not make sense."A central question is the Minister of Justice has announced his intention to introduce legislation in the Parliament that will decriminalize, in some ways, possession of marijuana," she said.The appeal, which has become a flagship case for marijuana users across Canada, will be heard sometime during the Supreme Court's spring session, which starts in April. Peace and This is going to be the year, I finally believe we see light! Steven Tuck [ Post Comment ] Comment #19 posted by JSM on January 02, 2003 at 13:16:56 PT Great News Any one care to start a pool on when the first "Coffee House" opens in Canada? It would be a guaranteed money machine and can anyone imagine the tourists dollars it would generate. Way to go Canada. [ Post Comment ] Comment #18 posted by FoM on January 02, 2003 at 13:03:12 PT hempcanadian Keep up the good work. We need all the help we can get down here. You must have a great country! [ Post Comment ] Comment #17 posted by hempcanadian on January 02, 2003 at 12:59:02 PT: Thar she blows! Great! the kid got his charges dropped! However the Judge could not-did not -have the medical ammo to strike the law dead as it should be. My medical challenge as mentioned in this article does have the proof and ammunition to strike down the law for good if the judge so decides!! Still no word on when a verdict is forthcoming but as soon as I know I will let you all know! Freedom is around the corner! Happy New Year to all especially all my USA buds fighting for freedom and peace! regards herbman The Hemp Canadian [ Post Comment ] Comment #16 posted by FoM on January 02, 2003 at 12:43:57 PT A Related Article Hi Everyone, This article is almost the same as the one we are commenting on here so I archived it. You might want to check it out because it does say a little more. When they get an expanded article up on the Globe and Mail I will post it on the front page for sure.Pot Case Could Set Precedent: http://www.cannabisnews.com/news/thread15094.shtml [ Post Comment ] Comment #15 posted by Truth on January 02, 2003 at 12:37:18 PT wheeew I was wandering what that smell was. [ Post Comment ] Comment #14 posted by TroutMask on January 02, 2003 at 12:25:11 PT My bet... I'd bet that we (in the US) still won't hear much about this. We won't hear anything until there are duty-free pot shops up and down the north side of the border and tanks up and down the south side.Still, this is HUGE. What it means to me is that Canadian parliament must make a new law regarding possession or it will remain legal. And if they make a new law regarding possession in the current pro-marijuana climate up there, it will be much more lenient than the law that was just struck down. I wouldn't be surprised if they do nothing and allow this apparent legalization of possession to become the law of the land. Beautiful!Man, the drug warriors in the US must need a diaper change about now :-)-TM [ Post Comment ] Comment #13 posted by p4me on January 02, 2003 at 12:11:09 PT Bring on the tourist Two and a half years after the Ontario Supreme Court said make a way for medical cannabis or else within a year or else, Justice Phillips said, the ruling was using a Gregorian Calander and not the special prohibitionist calendar that exists in the land of prohibitionist make-believe. Even the defending attorney says they will keep arresting users because he lives in fantacy land. Now maybe lawyers fees will not be so inflated as the bubble has burst.If I could go to Canada and not get a ticket/arrested then why not find out what that BC bud reputation is all about. I cannot wait to hear about the College kids at the University of Wisconsin. Now when they go to party in Canada because of the 18 years old laws on alcohol consumption they might have a better alternative to that hangover.Oh, happy day. Oh, Canada. Oh, boy. Now how can even the New York Times not cover this. This should be on the national networks' news this evening, but the corporate interest that control the news will probably push it aside. The silent treatment will no longer work, but if they want to embarass themselves we can laugh at them over this. You do not have to announce it, everyone will find out. When tourist dollars leave this country, you will really hear the outcry for change form business. The Lipton Tea plant that employed about 150 people in Santa Cruz announced its closing several weeks ago. The politicians said that they needed to encourage tourism. Everybody encourages tourism now that manufacturing is taking a beating. If you cannot get arrested/fined in Canada for buying /using BC Bud and Quebec Gold, why would you want to go anywhere else? [ Post Comment ] Comment #12 posted by knox42897 on January 02, 2003 at 12:09:20 PT: NORTHERN ALLIANCE with the help from te "Northern Alliance" the "talibans of the drug policy" will collapse! Go Cannada! [ Post Comment ] Comment #11 posted by FoM on January 02, 2003 at 12:03:09 PT Truth Happy Birthdaydruid I'm glad you like it. [ Post Comment ] Comment #10 posted by druid on January 02, 2003 at 12:01:22 PT: chat room! Thanks observer!The chat room is great now if we can get everyone in there for a nice convo!cya there! [ Post Comment ] Comment #9 posted by Truth on January 02, 2003 at 11:52:55 PT Yahoo Great news, I'll take that for a fine birthday present. [ Post Comment ] Comment #8 posted by Sam Adams on January 02, 2003 at 11:48:42 PT 4 Hours Due North That's all it takes for me to get to the land of Freedom! Congratulations Canada! [ Post Comment ] Comment #7 posted by FoM on January 02, 2003 at 11:41:51 PT TroutMask Ho Ho Ho and a belated Merry Christmas!!! [ Post Comment ] Comment #6 posted by John Tyler on January 02, 2003 at 11:38:22 PT Oh Canada! All of us south of the border tip our hats to you. [ Post Comment ] Comment #5 posted by TroutMask on January 02, 2003 at 11:37:56 PT What can I say? Christmas a few days late!-TM [ Post Comment ] Comment #4 posted by FoM on January 02, 2003 at 11:37:40 PT Announcing CannabisNews' Very Own Chat Room Hello Everyone,I wanted to say that observer made us a chat room and I want to thank him for doing this for us. I also want to say thank you to Mapinc. and DrugSense for supporting Cannabis News and keeping it running like they have. Without them we wouldn't have this site to share. I won't be in the chat for awhile because of the breaking news but here is the link and enjoy!http://www.cannabisnews.com/chat/ [ Post Comment ] Comment #3 posted by FoM on January 02, 2003 at 11:31:37 PT Doobinie I would be finding it hard to sit still too. Actually I am finding it hard to sit still and it isn't my country but it is a major victory and it gives me hope for freedom. We need that so desperately down here.Make the way for us! Please! [ Post Comment ] Comment #2 posted by Doobinie on January 02, 2003 at 11:27:25 PT All I can say is that... It is indeed a beautiful day up here in the Dominion of Soviet Canuckistan.I can hardly sit still.Love and Peace,Doobinie [ Post Comment ] Comment #1 posted by FoM on January 02, 2003 at 11:26:43 PT Go Canada! I just love your country! [ Post Comment ] Post Comment