cannabisnews.com: Court Expedites Appeal of Teen's Pot Acquittal Court Expedites Appeal of Teen's Pot Acquittal Posted by CN Staff on June 10, 2003 at 16:34:39 PT News Story Source: Toronto Star The appeal of a precedent-setting marijuana acquittal should be rushed through the justice system so the courts can have a clear answer on the drug's legality, a judge ruled today. Ontario Court of Appeal Justice Louise Charron expedited the appeal of a teenager's pot acquittal but refused a federal Justice Department request to stay the May 16 court decision. The stay would have prevented judges in Ontario — and perhaps judges across Canada — from following a new precedent set by Superior Court Justice Steven Rogin. "It wasn't the acquittal we were seeking to have stayed so much as the effect of Justice Rogin's order, which has been interpreted by many (to suggest) there is no prohibition against possessing marijuana (in Ontario),"said Justice Department spokesman Jim Leising."We were hoping a stay would clarify the situation and have the effect of ensuring that our view is correct, namely that there still is a prohibition against possessing marijuana."But Charron said she was "baffled" by the "unprecedented" motion by the Crown and said she lacked the jurisdiction to block the precedent set by Rogin's verdict.The teen's drug charges were thrown out of court on Jan. 2 when Ontario Court Justice Douglas Phillips ruled there was no legal basis to ban simple possession of the drug, since Ottawa failed to comply with a July 2000 order to create a new law dealing with marijuana.The Crown appealed but Rogin upheld the ruling, effectively taking marijuana laws off Ontario's books."Today is a clear signal that Justice Rogin's decision is, for now, the law of the province, which judges in trial courts have to apply," said Brian McAllister, the lawyer representing the Ontario teenager."I think a lot of judges were hesitant to throw out charges in anticipation of this hearing, but today's decision should certainly have an impact on what people do from now on."Following Rogin's decision, judges and justices of the peace dropped marijuana possession charges or adjourned trials until the Crown's upcoming appeal could be heard. Police in Ontario also said they would not lay any charges for possession under 30 grams until the legal situation could be clarified.Leising said today's motion and the Crown appeal are less about going after pot users and more about clarifying the courts' take on the law."Our worry is that there is going to continue to be inconsistency, which is always an undesirable thing," he said. ``What we've seen is that a judge sitting in one courtroom will adjourn or allow (marijuana possession) cases to be stayed, while judges across the hall will refuse to do anything . . . and essentially have them thrown out."But McAllistor said granting a stay would have "created a more chaotic situation" and further complicate all the case law involving marijuana."This is sort of part and parcel of the Crown's strategy, putting arguments before the court that are absolutely unprecedented and I think (Charron) saw that quite clearly."No appeal date for the teenager's acquittal has been set but late July is the target to have a panel of judges assembled and begin the proceedings. The teenager is not being named under provisions of the Youth Criminal Justice Act.Rogin's verdict came about two weeks before the Liberal government announced it was moving to eliminate criminal penalties for simple possession of marijuana, hoping to have the legislation passed by the end of the year.Under the proposed new laws introduced by Justice Minister Martin Cauchon, possession of up to 15 grams of pot — enough to roll about 15 or 20 joints — would be a minor offence that carries no criminal record. Violators would be ticketed and ordered to pay fines ranging from $100 to $250 for youths and from $150 to $400 for adults. Note: Crown sought stay of ruling that there was no legal basis to ban simple possession. Source: Toronto Star (CN ON)Published: June 10, 2003Copyright: 2003 The Toronto Star Contact: lettertoed thestar.com Website: http://www.thestar.com/ Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmAppeal of Pot Acquittal Should Be Rushed http://cannabisnews.com/news/thread16584.shtmlNo Laws Ban Possession of Marijuanahttp://cannabisnews.com/news/thread16321.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by FoM on June 19, 2003 at 09:53:41 PT afterburner Have a wonderful time today! No matter how this day goes you are taking part in an event that is very unique! Like Marc Emery said in the Video you posted last night that this is the first country in the world that Cannabis possession is LEGAL even if not for long. Let's hope it is forever!!!Stand Up For All Our Rights!!! [ Post Comment ] Comment #6 posted by afterburner on June 19, 2003 at 03:58:11 PT: ''Safe Access Now'' "Emancipate yourselves from mental slavery; None but ourselves can free our minds. Have no fear for atomic energy, 'Cause none of them can stop the time."-Redemption song by Bob Marley http://www.alwaysontherun.net/bob2.htm#l11 ego transcendence follows ego destruction, street theatre, media, public support, better laws.Love,"Those wacky legalizers" [ Post Comment ] Comment #5 posted by FoM on June 18, 2003 at 19:30:34 PT afterburner I hope you have a great turnout. Let us know how it went when you get back here. I hope the Toronto Star will be there. I'm sure they have been notified by someone. Maybe Pot-TV will have video of the day on line. That would be great! I'm sure they will. Have fun too! [ Post Comment ] Comment #4 posted by afterburner on June 18, 2003 at 19:22:17 PT: Tomorrow 4:20pm Toronto Police Headquarters "In Ontario, Canada, you can walk the streets freely with your marijuana. You can smoke marijuana anywhere it is legal to smoke tobacco. Think of the possibilities. The Rogin decision stands as Ontario's acknowledged LAW OF THE PROVINCE. Toronto police have said they will not charge anyone for cannabis possession, but will attempt to take away anyone's pot they see with it. COME JOIN ME AT TORONTO POLICE HQ (College St., west of Yonge) FOR A MARIJUANA SMOKING & POSSESSING DEMONSTRATION at 4.20 p.m. on THURSDAY, JUNE 19.We must assert our LAWFUL RIGHT TO POSSESS MARIJUANA and have the police acknowledge that under the current law, they have NO LAWFUL AUTHORITY TO SEIZE MY POT (OR YOUR POT).I will be speaking on the regressive proposals by the Federal Government, on the obligation of marijuana smokers to assert their identity and their freedom. These are momentous times and I hope you will join me in kicking off the Summer of Legalization 2003.Bring your marijuana, bring your pipes, bring your friends, bring a good vibe, toToronto Police Headquarters, College, west of Yonge, Thursday, June 19, 4.20 p.m."-Police and Pot Puff Down with Marc Emery http://www.pot-tv.net/ram/pottvshowse2016.ram"We've got a life to live." -Could you be loved? by Bob Marley."Get up stand up, stand up for your right." -Get up stand up by Peter Tosh."Good for the 'flu, good for the asthma, good for tuberculosis..." -Legalize it by Peter Tosh."Lively up yourself and don't be no drag." -Lively up yourself by Bob Marley."Everything's gonna be alright." -No woman no cry by Bob Marley."Movement of Jah people." -Exodus by Bob Marley ego transcendence follows ego destruction when the citizens of Canada and then the world are no longer afraid to stand up for the right to smoke cannabis responsibly. [ Post Comment ] Comment #3 posted by Richard Paul Zuckerm on June 11, 2003 at 07:25:04 PT: THE REASONS WHY CANNABIS LAWS SHOULD BE REPEALED The Marijuana laws should be repealed: I. THE HYPOCRISYThe United States Central Intelligence Agency launders over $200 billion per year of TAX FREE drug money thru Wall Street, www.fromthewilderness.com; www.expertwitnessradio.org, www.sumeria.net/politics/shadv3.html, while otherwise law abiding Americans are villified for responsible Marijuana use. The DEA will never stop the drug war because the CIA, Vice President Dick Cheney, Richard Armitage, are [allegedly] involved in this massive drug money laundering. People may not believe it because the public school curruculum is rigged, www.johntaylorgatto.com, major media is manipulated, and people are generally conditioned to be good sheep, to love their masters, the federal government. II. THE FAILURES OF THE COURTSThe courts of law should step in and strike down the marijuana laws. Unfortunately, the great majority of the courts have upheld the constitutionality of the Marijuana laws. There were a few freedom-loving opinions from a few State courts, though. In State v. Mallan, 950 P.2d 178, 208-209, 218-219 (Hawii 1998)(Dissenting opinion by Justice Levinson), Justice Levinson opined that the Marihuana laws are against the freedoms the American people were guaranteed and in violation of the Hawaii State Constitution Right to privacy. In State v. Holland, N.J.Super. (App. Div. 2001?), the Appellate Division of the Superior Court of New Jersey reversed the conviction because the police did not have the authority to force their way into the apartment without a search warrant after the smell of marijuana smoke emanated from same apartment. In Ravin v. State, P.2d (Alaska 197 ), the Supreme Court of Alaska declared the Marijuana laws unconstitutional as a violation of the Alaska State Constitutional guarantee Right to privacy. We need to litigate for the State courts to enforce the State Constitutions to give greater protection for the individual citizen than the federal constitution, including through the use of expert witnessness such as Dr. Lester Grinspoon, M.D., to inform the jury of the relative safety of Cannabis, for jury nullification purposes. III. LEGISLATIVE MALPRACTICEWe need to get on our elected officials, to let them know we do want decriminalization of Marijuana. Otherwise, they will act in the best interest of the corporations, assuming the votes are not manipulated, www.votescam.com. I must have communicated too much to New York State Assemblywoman Catherine Nolan because, today, Wednesday, June 11, 2003, at around 9:45, she told me she received my letters & e-mails, "I will not be harassed", and lied to me that her e-mail address, nolanc assembly.state.ny.us, is on the New York State Assembly Web site!! Prior to our telephone conversation, though, I e-mailed her the upcoming Cannabis Pain Management Lecture from the upcoming events section from www.cannabisculture.com, to show her that Cannabis does have medical uses. I do not plan on contacting Assemblywoman Nolan for a while now, based on her comment, lie, and rushing me off of the phone. There are too many people who are slothful, have the attitude that there is nothing an individual can do. I would rather try, even if it is only me. [ Post Comment ] Comment #2 posted by freedom fighter on June 10, 2003 at 18:45:47 PT I cringed every time I see Amber Alert. The concept is a good idea but by snucking the rave act, it tarnished the whole idea. And to actually read about something that already have happended in this so called free country, it is down-right frightening. It's official! Amber Alert is just a fraud, a front for DEA to persecute our own neighbors. This whole thing does show that the few are starting to get afraid of those who are willing to tell the truth and they are willing to PERSECUTE.in name of sending proper message to childrenof course!pazff [ Post Comment ] Comment #1 posted by JR Bob Dobbs on June 10, 2003 at 17:07:02 PT Forwarded alert ** DEA Uses RAVE Act to Stop a Benefit to Raise Money for Marijuana Reform** Fax the DEA and Tell Acting Administrator William Simpkins to Stop Using the RAVE Act Against Political Eventshttp://actioncenter.drugpolicy.org/action/index.asp?step=2&item=10509&ms=normlOnly two months after the RAVE Act was passed by Congress it has been used by the federal Drug Enforcement Administration (DEA) to intimidate the owners of a Billings, Montana, venue into canceling a combined benefit for the Montana chapter of the National Organization for the Reform of Marijuana Laws (NORML) and Students for Sensible Drug Policy (SSDP).On the day the fundraiser was set to take place a Billings-based DEA agent presented the venue owners with a copy of the RAVE Act warning them that they could face a fine of $250,000 if illicit drugs were found in the premises. The bands - most of which regularly played at the venue - were also approached and warned that their participation in the event could result in a fine.Rather than risk the possibility of enormous fines, the venue decided to cancel the event. This blatant intimidation by the DEA was obviously designed to shut down the marijuana reform fundraiser. Unless the American people speak out against this attack on free speech, the DEA will be emboldened to use the law against other events they do not like, such as all-night dance parties, hip hop concerts, hemp festivals, and circuit parties.Join the Drug Policy Alliance, National Organization for the Reform of Marijuana Laws, Students for Sensible Drug Policy, and numerous other organizations in our campaign to pressure the DEA to stop using the RAVE Act to shut down political events.ACTIONS TO TAKE1) Fax the DEA. Urge Acting Administrator William Simpkins to stop using the RAVE Act to harass innocent business owners and stifle free speech.http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=10509&ms=norml2) Forward this alert to friends and family. Send it to e-mail lists and post it in chat rooms.BACKGROUNDSponsored by Senator Biden (D-DE), the RAVE Act (also known as the Illicit Drug Anti-Proliferation Act) was first introduced last year. It proved so controversial then that two of its original co-sponsors withdrew their support because they feared it would send innocent business owners to jail. Business owners collected over 20,000 signatures in opposition to the bill. Protests against it were held around the country and tens of thousands of voters urged their elected official to oppose it. Controversy over the bill stalled it last year, but Senator Biden attached it to the popular "Amber Alert" bill without public debate or a vote of Congress earlier this year and snuck it into law.The RAVE Act expands federal law to make it easier to jail and imprison event organizers and property owners that fail to stop drug offenses from occurring on their property - even in cases when they take serious steps to reduce drug offenses. It applies to "any place", including bars and nightclubs, hotels, apartment buildings, and homes. Legal experts warned that the law was so broad that it could be used to shut down not only raves and electronic music events, but also Hip Hop, rock, and country music concerts, sporting events, gay and lesbian fundraisers, political protests, and any other event federal agents do not like.On May 30th an agent of the Drug Enforcement Administration (DEA) told managers of the Eagle Lodge in Billings, Montana that the Lodge could be fined $250,000 if anyone smoked marijuana during a planned benefit to raise money for a campaign to change Montana's medical marijuana law. After consulting their attorneys, the Eagle Lodge canceled the event.For more information on the RAVE Act see: http://actioncenter.drugpolicy.org/ctt.asp?u=57&l=1989For more information on the DEA and the Eagle Lodge see: http://actioncenter.drugpolicy.org/ctt.asp?u=57&l=1990 [ Post Comment ] Post Comment