cannabisnews.com: Smoked Out 





Smoked Out 
Posted by CN Staff on June 19, 2003 at 12:06:26 PT
By Charlie McKenzie
Source: Hour Magazine 
The courts are in a uproar. The cops don't know what to do. Life couldn't be better for tokers. When politicians do nothing, things get done. Thus, de facto, decriminalized pot is just a shade shy of being a fait accompli and Montreal lawyer Pierre Cloutier has this free advice for local tokers: a) if busted, plead NOT guilty; and b) call him*.
Cloutier is going to court, and he has precedent on his side. In July 2000, the Ontario Court of Appeal declared the pot possession laws invalid but suspended their declaration for 12 months to allow Parliament time to change the law to accommodate medical marijuana users. Parliament did nothing in response, so two weeks ago Superior Court Justice Steven Rogin upheld the original ruling that marijuana possession laws in Ontario "no longer exist."Now, thanks to a whirlwind of precedent-setting judgments from courts across Canada, there are confused cops, chaos in the halls of justice - and a lot of happy stoners. Police across the land are refusing to press further possession charges until they know what they're doing. In Montreal, meanwhile, there is a definite divide between what police brass and beat cops are saying on the subject of pot. Ontario judges are throwing out simple possession charges en masse with other provinces quickly following suit. A PEI judge said the decision should be binding in other provinces as well. "It would be an abuse of process to permit charges to proceed here when charges weren't proceeding in Ontario," said Justice Ralph Thompson.Days later, Nova Scotia Judge Flora Buchanan agreed. Citing public interest, federal justice officials sought to suspend Justice Rogin's ruling. "It is chaotic," pleaded departmental lawyer Peter DeFreitas before Ontario Court of Appeal Judge Louise Charron. "We have thousands of these charges in the system and there is complete uncertainty." She refused. Until the government passes new legislation or the Court of Appeal overturns the lower court, Rogin's ruling stands and possession of small amounts of pot in Ontario is perfectly legit. Confused? How's this: It will take a Quebec judge to issue a similar ruling to get de facto decriminalization in this province. Enter lawyer Pierre Cloutier, among the first lawyers to graduate magna cum laude from a school of thought that says those running afoul of the drug laws are the victim of two crimes: prohibition, and the system that prosecutes them. He's been fighting pot prohibition since the ink on the Charter of Rights was dry, and will try to collapse the increasingly rickety judicial house of cards in this province this fall. In a recent case involving Hemp-Québec owner Alain Berthiaume, who sponsored last year's Cannabis Cup in Montreal and was promptly busted, Cloutier broke new judicial ground and entered into evidence the recent Senate report headed by Montreal Senator Pierre Nolin. The report dispels many marijuana myths: It doesn't lead to heroin use and won't rot your brain. "When it comes to cannabis," asserts Cloutier, "the courts have so far been dominated by stupidity, lies and bullshit." He'll take the Ontario, PEI and Nova Scotia rulings into a Quebec courtroom in the fall. "My client is accused of possessing a small quantity of cannabis and I will request the Quebec court decline jurisdiction dans cette affaire," Cloutier.In the entrenched debate over decriminalization, Université de Montréal criminologist Marie-Andrée Bertrand worries about something else entirely. Pot, she reasons, will likely be decriminalized altogether, whereby it will move from illegal substance to enticing cash grab by dollar-thirsty municipalities and their police.Bertrand rejoices in the Ontario police decision to temporarily abandon simple possession cases, but she despairs of Justice Minister Martin Cauchon's effort to replace criminal penalties for small quantities of marijuana with a disproportionate fine system."If fines accumulate, one is liable to imprisonment for default of payment. Economic sanctions are penal ones whenever they lead to deprivation of freedom." While well-to-do tokers smoke pot in the privacy and safety of their homes, the law itself can become discriminatory for less affluent folk. "Young people, who may not have places of their own, tourists, poor people, and street people who smoke and deal in public places will become the targets of possession and trafficking laws," she said. Also troubling her is the doubling of sentences Cauchon's bill proposes for larger growers."Fourteen years is close to the number of years served in homicide cases. No wonder so many activists - and Canadians - feel that in the absence of political clarity and decisiveness on the cannabis issue, judicial decisions are what really count."The Canadian Medical Association estimates there are two million recreational tokers in Canada, 20,000 of which are charged annually with simple possession. Still, a recent Leger and Leger poll shows more people support changing the marijuana laws than oppose. Of 1,501 surveyed, 40 per cent support legalization or decriminalization, another 43 per cent back legalizing it for medical use, while only 14 per cent want it kept illegal.Across Canada, hyperbole seems to finally be giving way to common sense. Few saw the transition more closely than Mike Foster, owner-operator of Ottawa's Crosstown Traffic and onetime denizen of the endangered species list."When I first opened my store in 1992," he said, "cannabis was not something that you read much about in the local papers unless someone got busted. High Times was illegal and I was one of about 5 head-shops in Canada. The death watch was out for all of us; now there are hundreds of these shops."Now, with annual sales of 50,000 packages of rolling papers, countless pipes, bongs and other essentials, he's part of the local establishment. An FM station recently pitched an advertising package to promote Crosstown as Ottawa's leading supplier of marijuana supplies and accessories and a local high school sent a letter of thanks for lending them a hookah for a theatrical performance."I think we're slowly making headway toward something that looks very much like Dutch-style freedom, but it's still a long journey," Foster says. Like most cannabis users, he is certain that time and logic will someday prevail. And like most Canadians, he now knows that with Parliament closed and the politicians on vacation for the next three months, more things might get done.* Me Pierre Cloutier, tel: 1-450-532-8716 Related Article:The Law of The Land How Canadian cops feel about possession these days. Charlie McKenzie Prosecuting pot smokers costs Canadian taxpayers $300- to $500-million a year, with 70 per cent of that used to deal with simple possession charges. In the wake of Justice Steven Rogin's confirmation of a lower court decision that marijuana possession laws in Ontario were "null and void," some police forces announced that they will no longer lay simple possession charges. Here's a breakdown of some accommodating and not-so-accommodating cops: Toronto Police Chief Julian Fantino was first to declare his department would no longer lay charges; the Ontario Chiefs of Police Association soon followed, and other municipal departments jumping on the bandwagon include Ottawa-Carleton, Hamilton, Niagara Falls, Peterborough and Sault-Ste-Marie; Port Hope, Cobourg and Northumberland police, meanwhile, say they will continue laying possession charges until they're told otherwise. You'd think the nation's biggest law enforcement organization might have something to say about what is arguably the biggest law enforcement story of the decade, but you'd be wrong. When told that Hour was looking for someone to comment on pot, "Louise" at the RCMP's Ottawa HQ actually giggled, "Well... it's certainly not going to be me..." She promised to find us someone. We're still waiting.Quebec's Sûreté are 'pur et dur' hardliners on pot. First, SQ Director-General Florent Gagné answers no questions not previously faxed, second, he answers no faxes - at least not Hour's.An SQ flack, Jason Gauthier, finally pushed his rhetoric button and gave us this: "We are not legislators," said Gauthier. "We are applicators of the law. Until there is a change in legislation, we will continue to apply the law and continue to lay charges for simple possession of marijuana. That's the official position of the Sûreté. Thank you and have a nice day."Source: Hour Magazine (CN QU)Author: Charlie McKenziePublished: June 19, 2003Copyright: 2003 Communications Voir Inc.Website: http://www.hour.ca/Contact: letters afterhour.comRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmDiffering Minds - Hour Magazinehttp://cannabisnews.com/news/thread16644.shtmlJudge Allows Marijuana Ruling To Standhttp://cannabisnews.com/news/thread16592.shtmlNo Laws Ban Possession of Marijuanahttp://cannabisnews.com/news/thread16321.shtml 
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Comment #12 posted by FoM on June 22, 2003 at 15:42:38 PT
Thanks FrankDiscussion
You have a very nice web site. Thank you for the link and information.
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Comment #11 posted by FrankDiscussion on June 22, 2003 at 10:23:02 PT
newer version of pamphlet
Hi all, just wanted to let you know the FINAL version of that pamphlet is available on my web site (there were a couple small edits since version 3):http://frankdiscussion.netfirms.com/info_flyers.htmlOther new pamphlets will be added to my "flyers" page soon. I'm currently working on one that compares the proposed "decrim" bill (Bill C-38) with the current laws/sentences.My t-shirt page is here:
http://frankdiscussion.netfirms.com/tshirts.htmlI don't have a lot of time to check the various forums so if you'd like to contact me, my email address and feedback form are on my site.Proudly Cannabian,Frank Discussionhttp://frankdiscussion.netfirms.com
Printable marijuana flyers and pamplets!
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Comment #10 posted by goneposthole on June 19, 2003 at 14:49:37 PT
Parliament did nothing
good for them. They handled it sanely, instead of reverting to 
'reefer madness'.Maybe freedom has something to do with it.
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Comment #9 posted by FoM on June 19, 2003 at 14:29:50 PT
312 The Other Link
http://news.bbc.co.uk/2/hi/uk_news/scotland/3004318.stm
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Comment #8 posted by FoM on June 19, 2003 at 14:28:05 PT
312 here are a couple links
http://www.ananova.com/business/story/sm_792067.htmlhttp://www.timesonline.co.uk/article/0,,4501-719079,00.html
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Comment #7 posted by 312 on June 19, 2003 at 14:10:23 PT
News from www.times.co.uk
(Sorry two long articles and no links to the originals). You should also find this story on Ananova, but when I looked I couldn't find it.The TimesCannabis drug set for end-of-year releaseby our business staffJune 19, 2003 GW Pharmaceuticals says its cannabis-based treatment for multiple sclerosis is poised to become a prescription drugA cannabis-based drug which relieves the symptoms of multiple sclerosis should be available on prescription by the end of the year, it was announced today.GW Pharmaceuticals said Sativex, which contains extracts from whole cannabis plants, is on track for release subject to approval by the Medicines and Healthcare Products Regulatory Agency (MHRA).Because it contains the class C drug, Sativex would also require a change in the law, but Home Secretary David Blunkett has indicated he would be willing to make an amendment if the drug was approved.GW, based in Salisbury, grows 40,000 cannabis plants a year at a secret site. The drug is administered as a spray in the mouth and works to alleviate pain and relax muscle spasms.New clinical trials are about to start on the drug after it showed positive results in trials held in November.It is also being tested for its effectiveness at treating cancer pain and neuropathic pain caused by spinal cord injury.MS is the most common disabling neurological condition affecting young adults, with around 85,000 sufferers in the UK.It results from damage to myelin - a protective sheath surrounding nerve fibres of the central nervous system - which then interferes with messages between the brain and other body parts.GW, which has about 100 employees in the UK, has sold the marketing rights for Sativex to German healthcare giant Bayer.It submitted its licence application to the MHRA in March and has indicated that if UK approval is received, it would look at entering the market in Canada, Australia and New Zealand.Announcing its interim results today, GW said it made a net loss after tax of £6.7 million for the six months to March 31.This compared with a loss of £5.3 million in the same period last year and the £5.9 million loss in the second half of the last financial year.Research and development expenditure increased to £6.5 million from £5.1 million in the same period last year.Executive chairman Dr Geoffrey Guy said: "GW's achievements over recent years provide a solid platform for growth."We are confident that GW is on track to secure regulatory approvals, commercial partnerships and launches for Sativex around the world."Shares in the company stood 7p lower at 230.5p in afternoon trade.
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Comment #6 posted by 312 on June 19, 2003 at 14:07:07 PT
Follow up to Biz Ivol story
Sorry, I don't know where it's originally from (uk420.com)Woman defends cannabis useThursday, 19 June, 2003A multiple sclerosis sufferer has said she does not believe using cannabis to relieve her pain is wrong. 
Appearing at Kirkwall Sheriff Court Elizabeth Ivol, 55, denies three charges in relation to the handling of cannabis. Mrs Ivol, also known as Biz, of South Ronaldsay, said cannabis was the only drug which eased her pain. Mrs Ivol, who uses a wheelchair, said the pain she felt was like having "barbed wire going through my spine". The case is being held at the town's leisure complex to allow disabled access for Mrs Ivol's wheelchair. She told the court that her former island GP had recommended using cannabis, but she only used the drug after two years of toying with the idea. Mrs Ivol said she had tried a long list of legal medication - some of which resulted in "horrific" side effects. She came up with the idea of developing cannabis chocolates after agreeing to help a non-smoking MS sufferer. 'Muscle spasms' Mrs Ivol said: "We had to figure out a way of getting cannabis into his system, he did not smoke, and that's how the cannabis chocolate came about." Questioned by advocate David Moggach, Mrs Ivol said she "never actually encouraged anybody to use cannabis". The court heard that her life had become almost unbearable due to her deteriorating condition. She said: "At the moment I feel like somebody's pulling barbed wire through my spine. "I have muscle spasms and my eyesight's failing but it has not gone yet. It is very, very painful. 'Like a zombie' "I'm completely and utterly paralysed from the neck down, more or less. I can make myself a cup of tea, if my hands are alive, and answer the phone. "Usually by one o'clock my fingers are paralysed - I can't even hold a pen." Mrs Ivol told the court she had tried prescription medication as well as special diets but nothing seemed to work. Describing the effects of one type of tranquilliser she said: "I just sat in a chair, looking like a zombie and gazing out of the window." The court heard that, although apprehensive at first, Mrs Ivol eventually began smoking one cannabis joint each evening. Trial adjourned She said: "It got to the point where I felt that nobody was doing anything for MS and when you find something that does alleviate the symptoms you go for it." Mr Moggach asked her: "And you found something that helped?" "Cannabis," she replied. She added: "It is not like a nasty chemical drug, it is a natural God-given plant. "It was either cannabis or nothing. I tried everything else and nothing worked." Mrs Ivol denies a charge of possession of cannabis, a charge of supplying cannabis and a charge of the cultivation of cannabis. The trial, before Sheriff Colin Scott Mackenzie, was adjourned until 2 July.
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Comment #5 posted by Dark Star on June 19, 2003 at 13:01:50 PT
Take Control
The Air Force is not going to court martial those pilots that killed the Canadian soldiers in Afghanistan while on "Go Pills."Sounds like a perfect excuse for Canada to allow legalization to go forward. So sorry, Uncle Sam, the courts made us do it.
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Comment #4 posted by FoM on June 19, 2003 at 12:42:42 PT
I Want To Buy One of These T- Shirts
I saw this T-shirt last week on the web site and hope to be able to get one. http://frankdiscussion.netfirms.com/images/I_love_MJ_sample.jpg
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Comment #3 posted by FoM on June 19, 2003 at 12:38:55 PT
Thanks JR
I don't know who is responsible for that web site but I like it.
Frank Discussion
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Comment #2 posted by JR Bob Dobbs on June 19, 2003 at 12:34:37 PT
Pamphlet
Below is a PDF file of a pamphlet you can print out and distribute. It's a pretty efficient summary of the latest in Canadian cannabis laws or lack thereof. Well done, and a very good idea!
http://frankdiscussion.netfirms.com/CdnCannabisConfusion3.PDF
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Comment #1 posted by Dark Star on June 19, 2003 at 12:33:44 PT
Chaos Again
So far, this chaos has not had an observable downside, save for the acute distress among prohibitionists. Can dancing in the streets be far behind?DANCING IN THE STREETS!
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