Toronto judge: unconstitutional to charge for pot possession

Monday, July 16, 2007 at 12:20 | Posted in Canada, Legal | Leave a comment
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As CBC reports, a judge in Toronto has ruled that Canada’s pot possession laws are unconstitutional. A Toronto resident with no medical issues was charged for possession of 3,5 grams of marijuana. Health Canada regulations of 2001 should grant access to marijuana to people with grave decease.

The CBC writes:

In court, the man argued that the federal government only made it policy to provide marijuana to those who need it, but never made it an actual law. Because of that, he argued, all possession laws, whether medicinal or not, should be quashed.

The judge agreed and dismissed the charges.

“The government told the public not to worry about access to marijuana,” said Judge Howard Borenstein. “They have a policy but not law.… In my view that is unconstitutional.”

The ruling is more than likely to be appealed by the prosecutors. They have two weeks to file the appeal.

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