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Judge rules marijuana law invalid
By Hempology | January 6, 2003
From CBC News Online, January 2, 2003
WINDSOR, ONT. – Canada’s law on possession of small
amounts of marijuana is no longer valid, an Ontario judge
ruled Thursday.
Windsor Justice Douglas Phillips made the decision as he
dismissed two drug charges against a 16-year-old local
boy.
Parliament has failed to address problems with Canada’s
marijuana laws, Phillips said in his ruling.
In July 2000, the Ontario Court of Appeal struck down a
federal law prohibiting the possession of less than 30
grams of marijuana. It said the legislation violated the
rights of sick people who use pot for medical reasons.
The case centred on a Toronto epileptic, Terry Parker,
who uses cannabis to ease his condition.
The court gave Ottawa a year to come up with a new law
on marijuana possession for medicinal purposes.
The federal government responded with the Marijuana
Medical Access Regulations, which went into effect July
31 of last year. The new rules allow the use of marijuana
for medical reasons, but they don’t address the issue of
recreational use.
The teen’s lawyer, Brian
McAllister, argued there
is effectively no law in
Canada prohibiting the
possession of 30 grams
of marijuana or less. His
client was accused of
possessing five grams of
pot.
“I think it’s also satisfying
to know that this
particular law has been
declared invalid, particularly given how burdensome it is in
terms of criminalizing the behaviour that hundreds of
thousands of Canadians engage in,” he said.
Last year, federal Justice Minister Martin Couchon said
the government is considering decriminalizing possession
of small amounts of marijuana.
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