The Policy of Pot
posted: Jul 14, 05:22 PM
A Toronto judge has just ruled that Canada’s Marijuana laws are unconstitutional. He dismissed the charges against a man who appeared in his court room charged with possession of $45.00 worth of marijuana. The man did not have the marijuana for use under Canada’s Marijuana Medical Access Regulations.
“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.” Borenstein and the man’s lawyer, Brian McAllister believe the ruling will be appealed since it will have a far reaching impact.
Judge Borenstein generously offered Ontario’s prosecutors two weeks to appeal before making his ruling official. It will be interesting to follow this ruling as Ontario’s prosecutors scurry to maintain the status quo. What is more concerning is the possibility of this ruling making it even more difficult for individuals with medical conditions where marijuana offers relief to find “legal” access.