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Church Leaders Go To Court Over Confiscated Pot

By Hempology | August 27, 2007

Hamilton Spectator

August 24/07

Barbara Brown 

     The spiritual leaders of a church that uses marijuana as its sacrament are seeking a court order for the return of several pounds of pot and other items seized from their Barton Street headquarters during an RCMP raid. Church of the Universe ministers Walter Tucker, 74, and Michael Baldasaro, 58, were charged with possession of marijuana for the purpose of trafficking after the Mounties executed a search warrant on May 15, 2000.The raid came after a sting operation in which undercover police officers pretended to join the church and began to buy the sacrament.

However, all charges against the pair were ultimately withdrawn by a federal drug prosecutor on Dec. 15, 2005.

Tucker and Baldasaro claim they are entitled to their property and are seeking $16,000 each in legal costs.

“Your Honour, back in May 2000, thieves broke into our church and stole a number of items at the point of a gun,” Tucker told

Ontario Court Justice Norman Bennett yesterday.The application is adjourned until Sept. 13 because the federal prosecutor was not available to argue the motion.Last month, a Toronto judge dismissed a possession charge against a 29-year-old man after finding that

Canada’s criminal prohibition against marijuana possession was still unconstitutional.Justice Howard Borenstein found that because the government has not yet enacted a constitutionally acceptable exemption for medical users of marijuana, the law prohibiting other Canadians from possessing pot was still invalid.The former Liberal government decided to allow access to medical users in 2003, but did so merely by means of a policy statement without changing statutes or regulations.  The ruling gives

Ontario residents charged with possession of marijuana a new defense, at least until the Crown appeals the latest decision. 

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