cannabisnews.com: Local Judge Won’t Conduct Pot Possession Trials Local Judge Won’t Conduct Pot Possession Trials Posted by CN Staff on December 24, 2002 at 09:17:10 PT By Linda Richardson Source: Sault Star Local News - A Sault Ste. Marie judge is refusing to deal with possession of marijuana charges pending the outcome of a trial in southern Ontario. Ontario Court Justice James Greco told lawyers in his court Friday he will not accept guilty pleas or conduct trials on simple possession. “There is a question in my mind and other judges (not locally) whether provisions of the narcotics act are effective in the province of Ontario,’’ he said. Greco cited a case slated to be heard Dec. 27, which he said seems to have a legitimate argument that as of July 2001 the provisions of the act aren’t applicable in Ontario. Lawyer Brian McAllister is challenging the law that makes it a crime to possess small amounts of marijuana in a Windsor courtroom. He is arguing that his 16-year-old client should be acquitted of possession because the law is invalid. Earlier this month, Ontario Court Justice Douglas Phillips declined to hear the arguments, saying the offices of the provincial and federal attorneys general should be given more time to decide whether they will intervene. Phillips said the challenge could have widespread repercussions if McAllister is successful. He said he would hear the arguments Dec. 27. McAllister’s challenge is based on a July 31, 2000 decision by the Ontario Court of Appeal striking down the federal law prohibiting the possession of less than 30 grams of marijuana. The court found in the case of Terry Parker of Toronto that the law violated rights of sick people who use marijuana for medical reasons. The federal government was given a year to revise the law. Greco said Friday that Parliament has not moved to put in new legislation. Wayne Chorney, senior federal prosecutor for drug cases in the Sault, says regulations have been passed that address the deficiency. “This challenge (in Windsor) comes as a surprise because regulations already have been passed that address possession for medicinal purposes ,’’ he said. The issue is whether or not what has been done is sufficient, Chorney said. “There is a chilling effect when judges of the court are not prepared to take pleas of guilt or trials,’’ he said. “I’ll be interested to see what happens the first week of January,’’ says Chorney who has a drug trial scheduled for Jan. 3. Note: Greco cites case challenging law that makes it crime to retain small amounts of marijuana.With files from Canadian Press Source: Sault Star, The (CN ON)Author: Linda RichardsonPublished: Monday, December 23, 2002 Copyright: 2002 The Sault StarContact: Ssmstar ssm.southam.caWebsite: http://www.saultstar.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmReefer Madness Losing its Grip http://cannabisnews.com/news/thread15042.shtmlDecriminalizing Marijuana is a Pragmatic Step http://cannabisnews.com/news/thread15033.shtmlSupreme Court Halts Pot Appeals http://cannabisnews.com/news/thread14980.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by The GCW on December 26, 2002 at 07:46:41 PT COURT FREES TWO IN CATCH-22 POT CASE COURT FREES TWO IN CATCH-22 POT CASE COURT FREES TWO IN CATCH-22 POT CASE COURT FREES TWO IN CATCH-22 POT CASE http://www.mapinc.org/drugnews/v02/n2325/a08.html?397Read it for Your self... This seems like a notch up.The following stories bring back Our attention (year 2000) to what took place when those 3 Ontario Supreme Court Judges put the whip down, giving Canada 1 year to change the cannabis laws or else there would no longer be any cannabis laws... And again, these stories may give insight to help understand the above story, I posted.TOP ONTARIO COURT RULES MARIJUANA BAN ILLEGAL http://www.mapinc.org/drugnews/v00/n1096/a04.html?1075 CANADIAN COURT STRIKES DOWN MARIJUANA LAW http://www.mapinc.org/drugnews/v00/n1094/a05.html?1082POT LAW RULED UNFAIR BY TOP COURT http://www.mapinc.org/drugnews/v00/n1091/a04.html?1082POT LAW UNCONSTITUTIONAL, COURT RULES http://www.mapinc.org/drugnews/v00/n1091/a01.html?1082COURT RULES POT LAW UNCONSTITUTIONAL http://www.mapinc.org/drugnews/v00/n1087/a05.html?1082ANTI-MARIJUANA LAW VIOLATES RIGHTS OF THE SICK, JUDGE RULES http://www.mapinc.org/drugnews/v00/n1087/a06.html?1082ONTARIO COURT STRIKES DOWN MARIJUANA LAW; GIVES OTTAWA YEAR TO CLARIFY IT http://www.mapinc.org/drugnews/v00/n1087/a03.html?1082 [ Post Comment ] Comment #7 posted by WolfgangWylde on December 26, 2002 at 07:36:17 PT My guess... ...is they'll end up commissioning a new round of studies, see you in 2 years. [ Post Comment ] Comment #6 posted by mayan on December 26, 2002 at 03:47:54 PT 17 Months "The federal government was given a year to revise the law. Greco said Friday that Parliament has not moved to put in new legislation." It's been nearly a year and five months and still the Canadian government has failed to make adequate revisions. I seriously doubt if they have any intention to. The courts could make this real interesting. [ Post Comment ] Comment #5 posted by FoM on December 25, 2002 at 07:57:04 PT xxdr_zombiexx and everyone! Merry Christmas! Ho Ho Ho! I hope everyone is having a great holiday season! [ Post Comment ] Comment #4 posted by WolfgangWylde on December 25, 2002 at 07:37:24 PT I must say ... ...I'm impressed with this judge. He seems to realize that the Gov't has no intention of instituting the ruling of the Court of Appeals, and is calling them on it. Bravo. [ Post Comment ] Comment #3 posted by xxdr_zombiexx on December 25, 2002 at 07:03:07 PT Seasonal-type Greetings! High everybody!Wanted to pop in and say joyous holiday stuff to FoM and all the people at cannabisnews.com!I crafted an "e-card" of sorts to share my 2 cents on where we are at and linked some choice photos from Astronomy picture of the day...to encourage some "re-perspetivising" here at the end of a most tubuluent year.Have a safe and happy holiday..;)Z Look deep into your Universe! [ Post Comment ] Comment #2 posted by The GCW on December 25, 2002 at 04:37:49 PT This will bring a smile to John "PEE" Walters This is just about to be taken out of the U.S. blackmail capabilities. The courts hands will be unable to go back to being ignorant... it seems.I remember that July 31, 2000 decision and thought it would bring results sooner than now, and so now it is going to hit the American prohibitionists where it hurts... to be unable to be mean spirited, unreasonable, and continue the senseless cagings... Make no mistake, when Canada goes forward, We WILL join them!For Christmas it would be nice to end this sin. To prohibitionists it seems they want to continue to cage innocent humans for using what Christ God Our Father gave to Us, saying it is good, on literally the very 1st page of the Bible. That has a certain sinfull devilish ring to it... opening CHRISTmas presents, while wishing to cage...TOP ONTARIO COURT RULES MARIJUANA BAN ILLEGAL http://www.mapinc.org/drugnews/v00/n1096/a04.html?1075 CANADIAN COURT STRIKES DOWN MARIJUANA LAW http://www.mapinc.org/drugnews/v00/n1094/a05.html?1082POT LAW RULED UNFAIR BY TOP COURT http://www.mapinc.org/drugnews/v00/n1091/a04.html?1082POT LAW UNCONSTITUTIONAL, COURT RULES http://www.mapinc.org/drugnews/v00/n1091/a01.html?1082COURT RULES POT LAW UNCONSTITUTIONAL http://www.mapinc.org/drugnews/v00/n1087/a05.html?1082ANTI-MARIJUANA LAW VIOLATES RIGHTS OF THE SICK, JUDGE RULES http://www.mapinc.org/drugnews/v00/n1087/a06.html?1082ONTARIO COURT STRIKES DOWN MARIJUANA LAW; GIVES OTTAWA YEAR TO CLARIFY IT http://www.mapinc.org/drugnews/v00/n1087/a03.html?1082Plus there are more... [ Post Comment ] Comment #1 posted by The C-I-R-C-L-E on December 24, 2002 at 20:20:30 PT Wow you can have cannabis in the courtroom! "Lawyer Brian McAllister is challenging the law that makes it a crime to possess small amounts of marijuana in a Windsor courtroom."(haha) [ Post Comment ] Post Comment