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POSSESSION LAW IN TROUBLE

By Hempology | August 19, 2007

Cannabis Digest
By Ted Smith

On July 13, 2007, Judge Borenstein of the Ontario Court of Justice dismissed charges of possession of a few grams against a man from Toronto and declared that the law was invalid because the Medical Marijuana Access Regulations had not been passed in law.  Lawyer Brian McAllister successfully argued the MMAR should have been passed into law according to the July, 2000 Parker decision that forced the feds into starting the cannabis programs.  The MMAR has been a policy since July 31, 2001, but has never been law through parliament.  That process would involve a committee made of with representatives from different political parties.  This decision will be appealed to the Ontario Court of Appeal, which could give the government more time or could strike down the possession law for everyone until the MMAR is passed into law.  Courts in other provinces are expected to follow this decision by throwing out possession charges until the law is passed.

Topics: Articles, CD-14th, Summer 2007 | Comments Off

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