cannabisnews.com: Pot Case Could Set Precedent Pot Case Could Set Precedent Posted by CN Staff on January 02, 2003 at 12:32:44 PT Globe and Mail Update with Canadian Press Source: Globe and Mail An 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.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. Source: Globe and Mail (Canada)Published: Thursday, January 02, 2003Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Sites:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmMontreal Compassion Clubhttp://www.blocpot.qc.ca/ccm/english.htmlPot Charge Rejected in Potential Landmark Case http://cannabisnews.com/news/thread15093.shtmlJudge Calls Marijuana Law Invalid http://cannabisnews.com/news/thread15092.shtmlQuebec Judge Calls Halt To Medicinal Pot Trialhttp://cannabisnews.com/news/thread15018.shtml Home Comment Email Register Recent Comments Help Post Comment