cannabisnews.com: Advocate Sees Judge's Ruling as Step Forward Advocate Sees Judge's Ruling as Step Forward Posted by CN Staff on January 05, 2003 at 07:33:55 PT By Bill Cleverey Source: Victoria Times-Colonist The federal government has moved quickly to nip in the bud any notion of uncertainty in Canada's marijuana laws stemming from an Ontario court ruling.The government Friday expedited an appeal against Ontario Court Justice Douglas Phillips's ruling that sided with an Ontario teenager's lawyer who argued the law that makes possession of marijuana illegal is effectively invalid in that province. Nevertheless, Philippe Lucas, Victoria founder and director of the Vancouver Island Compassion Society, called the Ontario ruling another step toward the inevitable decriminalization of pot in this country."Although it's not quite yet the time to walk down the street with a joint in hand, I think it certainly seems to be following the steps of current policy," he said.Lucas said the activist community in general is pleased with the decision."We feel what the public is going to come to understand is that not only is it a decision affecting recreational use but the decision came about as a rebuke of the implementation of the government's own medical marijuana program."In the Ontario case, lawyer Brian McAllister successfully argued the possession charge against his 16-year-old client should be dropped because Ottawa has not yet adequately dealt with a ruling two years ago from the Ontario court of Appeal. In that decision the appeals court sided with a marijuana user who argued the law violated the rights of sick people using the drug for medical reasons.The federal government responded with its Marijuana Medical Access Regulations which are supposed to allow marijuana use for certain medical reasons but which have been widely criticized for being cumbersome, unfair and tangled in red tape. Those marijuana regulations are also subject to a separate constitutional challenge in Toronto by a group of marijuana users who say their rights to choose their own form of treatment are being violated.Lucas said the federal government has to re-address its approach to medical marijuana which allows certain people to smoke marijuana and to grow it themselves for medicinal purposes but doesn't provide a supply."In 3 1/2 years and almost $5 million spent they haven't supplied a single seed or a single gram of cannabis to a single legal user in Canada. All they've done, essentially, is issue 1,000 pieces of paper. ... It's an illusion of a policy. It's like saying: 'You've got a bad infection, go make your own penicillin."In making public the notice of appeal, federal Justice Department spokesman Jim Leising said regardless of the recent Ontario decision the Controlled Drugs and Substances Act is still the law of the land in Canada and police will proceed with usual in laying charges.Although there has been talk out of Ottawa about decriminalizing possession of 30 grams of marijuana or less, Victoria Liberal MP David Anderson, who sits in cabinet as environment minister, said he has not had a chance to think hard on the marijuana issue.Anderson said the first thing that occurs to him is the effect decriminalization or legalization would have on Canada's relations with the U.S.He said with tighter security at the border these days the number of busts for drugs has increased. What effect would decriminalization have at the border?"If we cause problems at the border it's another issue we have to take a look at," said Anderson.As for whether he, personally, ever puffed on a marijuana joint the answer is "No." Anderson said he gave up cigarettes as a young man and by the time marijuana started becoming popular he didn't want to inhale any kind of smoke and he was too far removed from the scene even to be tempted."I'm an old man," said Anderson.Lucas said international attitudes to pot should not be a factor."Most of Europe right now has more progressive policies than even the decriminalization we're looking at. Really what we're talking about would be some disconcertment from the U.S. But since they have the highest drug usage rates in the world and they spend more money than anyone else in the world trying to curb those usage rates, we probably shouldn't use them as an example of how to govern our policy," he said.Complete Title: Marijuana Advocate Sees Judge's Ruling as Step ForwardSource: Victoria Times-Colonist (CN BC)Author: Bill Cleverey, Times Colonist & Canadian Press Published: Sunday, January 05, 2003Copyright: 2003 Times ColonistContact: letters times-colonist.comWebsite: http://www.canada.com/victoria/timescolonist/Related Articles & Web Sites:Vancouver Island Compassion Societyhttp://www.thevics.com/Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmLegalized Pot Seems Likely Up Northhttp://cannabisnews.com/news/thread15102.shtmlPot Possession Not Illegal, Judge Ruleshttp://cannabisnews.com/news/thread15099.shtmlU.S. Doesn't Set Our Drug Policieshttp://cannabisnews.com/news/thread14982.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by FoM on January 05, 2003 at 12:23:28 PT greek_philosophizer Dr. Russo accidentially made a double post so I removed the extra one. [ Post Comment ] Comment #5 posted by greek_philosophizer on January 05, 2003 at 12:19:09 PT: where is comment number 3? where is comment number 3? [ Post Comment ] Comment #4 posted by The GCW on January 05, 2003 at 08:58:08 PT If this is a "Step Forward", Then cannabis relegalization, will be a giant leap for mankind. [ Post Comment ] Comment #2 posted by Ethan Russo MD on January 05, 2003 at 08:49:07 PT: Philippe Philippe Lucas is an excellent advocate for clinical cannabis: bright, articulate and compassionate.He was able to convince a court in Victoria that his club was providing a needed service to patients that the government could not match. With that of Hilary Black, their West Coast clubs were singled out by the Canadian Senate as examples of successful alternative health clinics that should be emulated elsewhere. They are modern pioneers of the art. [ Post Comment ] Comment #1 posted by p4me on January 05, 2003 at 08:13:32 PT Police States of America stuff If you read the first premise of the Canadian Charter of Rights and Freedoms you about have to feel that the cannabis laws will be struck down. I eagerly await what Richard Cowan has to say tomorrow when he surely has to address the Canadian situation. He pretty much said his belief was the laws would fall a couple of weeks ago in his commentary- http://www.marijuananews.com/news.php3?sid=607The Sacramento Bee reports the sheriff's policy of strip searching everyone for everything will cost a court ordered penalty of $1000 per violation- http://www.sacbee.com/content/news/story/5791480p-6760856c.htmlIn a ruling described as "shocking" by Sacramento County sheriff's officials, a Superior Court judge found Friday that people jailed on minor charges during a four-year period are each entitled to $1,000 in damages because they were strip-searchedIt is impossible not to recognize that these words are mostly seen by the choir and it is all but a waste of time to call Busch a dickhead or say the media sucks or that plutocracy control everything. I would however like to call the name of Jack Herer and say that not only was his book the laucnching place of many of today's reformers, but that their was a brilliance in the title of "The Emperor Wears No Clothes." In the situation where a man has no clothes it is obvious to everyone and of course when the Emperor can have your head no one will speak the obvious. It is that way with cannabis prohibition alright because it is obviously stupid on the surface that something is bad wrong. When you read the details of prohibition, it is even beyond stupid, yet the leaders will not speak. The fact that you have never seen Jack Herer on network television should tell us all something- the media would rather be silent on the subject than bring politicians and bureaucrats on to lie there asses off. I again say that MPP should present Jack Herer with its highest award. Awards from institutions might be sael-serving and in this case the self-serving is badly needed. The fact that Jack Herer is the Emperor of Hemp and the man that launched the movement is undisputable and he has already been awarded a place in the educated reformers hearts. Now give Jack his award and the recognition he deserves even if it is for the interest of reform. Jack would understand that. [ Post Comment ] Post Comment