cannabisnews.com: Winchester Decision Now Available Online 





Winchester Decision Now Available Online 
Posted by CN Staff on August 02, 2002 at 20:41:40 PT
Release Date: August 2, 2002
Source: Pot-TV
BRITISH COLUMBIA - Two medical cannabis patients, Steve Kubby and Brian Carlisle, will appear before the B.C. Supreme Court next Tuesday at 10 am to seek an exemption from the high court, based upon the Canadian Charter of Rights and a recent landmark decision by the B.C. Supreme Court that allows personal medical use. The Winchester Decision sets a much lower standard for medical cannabis cases in British Columbia than previously held with "medical necessity," and appears to create a new exemption for personal medical use. 
Building upon the case of R v. Parker, which found that "criminal prohibition from possession or cultivation of marihuana amounted to a breach of Charter 7 right to liberty," the B.C. Supreme Court went further in Winchester to dismiss charges where cannabis is found to be "reasonably necessary for therapeutic use." Police raided Wes Winchester's home in September of 2000 and seized 96 plants, charging Winchester with cultivation and trafficking. On June 25th, a B.C. Supreme Court Justice stayed drug charges against Winchester who suffers from AIDS and three types of hepatitis. He says smoking marijuana is the only way he can keep his daily cocktail of 67 pills down. The Supreme Court agreed and recognized Winchester's use as personal. This historic decision is now available online at: http://www.kubby.com/Winchester/winchester.html CONTACT: Brian Carlisle (604) 316-3730 or 1-888-249-0336 Dale Pedersen, Attorney (604) 824-4644 Steve Kubby (604) 885-7651 Related Articles: The Chilliwack Progress: Holy Smoke! http://mapinc.org/drugnews/v02/n1402/a08.html Seeking Refuge From The Drug War http://mapinc.org/sknews/v02/n1330/a05.html?101 Fleeing North - AlterNethttp://cannabisnews.com/news/thread13400.shtmlDrug Refugees - Report Newsmagazine http://cannabisnews.com/news/thread13224.shtml Medical Marijuana Users Take Refuge in Canada http://cannabisnews.com/news/thread12972.shtml 
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