bagochips Posted February 3, 2009 Report Share Posted February 3, 2009 VANCOUVER - A B.C. Supreme Court justice has endorsed a recent Federal Court decision saying the national marijuana program is unconstitutional.Justice Marvyn Koenigsberg gave Ottawa one year to fix the medical-marijuana access regulations so compassion clubs or producers can get together and run a common marijuana-growing operation.The federal government restricts any licensed grower to supplying only one licensed user, and prohibits more than three growers from pooling resources.Both those restrictions are unconstitutional, Koenigsberg ruled.Although she ruled the regulations are unconstitutional, she also found Mathew Beren of Victoria guilty of illegally trafficking and producing marijuana. But she gave him an absolute discharge.A 35-year-old hydroponic-store owner, Beren was charged in 2004 after a raid on a research facility operated by the Vancouver Island Compassion Society.His lawyers argued he should not be convicted because he was providing a needed service, as the marijuana regulations erected an unreasonable barrier to patients’ access to needed medication.Koenigsberg agreed, but said Beren had been selling to some people who were not authorized under the program to possess pot. And no matter how compassionate his motives, the rule of law must be respected.“In all my years on the bench, if there were ever a case for an absolute discharge, it’s this one,†the veteran judge added.The courtroom, packed with Beren’s supporters and local pot activists, exploded in applause.The Federal Appeal Court issued a judgment in October stating the marijuana-access regulations didn’t pass constitutional muster for similar reasons. That case is being appealed by Ottawa to the Supreme Court of Canada.Prosecutor Peter Eccles said afterwards he had no comment.Beren, his voice cracking, said he was happy the five-year ordeal was over.“I was facing 14 years or more in jail. Of course, I’m relieved,†he said. He said he knew the risks, but couldn’t stand to see sick people suffer because they couldn’t get their medicine.© Copyright © Canwest News Servicehttp://www.ottawacitizen.com/news/Medical+marijuana+rules+unconstitutional+judge/1245235/story.html Link to comment Share on other sites More sharing options...
localcrew Posted February 3, 2009 Report Share Posted February 3, 2009 It's amazing that in the 21st century there is still no legalization in sight. Maybe Obama will do something but then we said the same thing when Clinton came in......sometimes it seems like nothing ever changes. Link to comment Share on other sites More sharing options...
SaggyBalls Posted February 3, 2009 Report Share Posted February 3, 2009 Obama isn't in Canada, and it is going to take work in Canada to change Canadian Law, and some degree of political free will. Link to comment Share on other sites More sharing options...
YearsAlongTheSea Posted February 4, 2009 Report Share Posted February 4, 2009 I don't think it's anywhere the list of "things to do" for Obama; and that's a long list. Personally, I think progress will happen first in Canada but, as with most movements, it will take a great deal of time. That being said, a lot of things that happen Stateside, do trickle their way North. So, we'll just have to see I guess... Link to comment Share on other sites More sharing options...
meggo Posted February 4, 2009 Report Share Posted February 4, 2009 hey BOC you're in xela! nice! Link to comment Share on other sites More sharing options...
Jay Funk Dawg Posted February 4, 2009 Report Share Posted February 4, 2009 free the weed! Link to comment Share on other sites More sharing options...
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