allenlovesgreen

Court challenge aims to legalize all cannabis use
6/1/09|National Post| by Shannon Kari


Health Canada has faced court challenges over medical marijuana
eight times and has lost all of them. In each case the decision came
because the court felt regulations were too restrictive for those ...

Medical marijuana advocates are planning a court challenge aimed at legalizing all cannabis use, in response to the latest restrictions announced by Health Canada.

The federal government announced last week that it would allow designated producers to grow marijuana for as many as two medical users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of Canada judge in January, 2008, because they did not provide for a sufficient legal supply of cannabis for medical users without having to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost in court trying to uphold its medical marijuana policies and regulations, each time over restrictions on supply.

The federal government's decision to allow producers to grow for no more than two users is a "mockery" of the courts, said lawyer Ron Marzel, who was part of the successful Federal Court challenge to the previous regulations.

The most recent restrictions for medical producers that were struck down were virtually identical to ones that were found to be previously unconstitutional by the Ontario Court of Appeal. The rules "create an alliance between the government and the black market," to supply "the necessary product" wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start another round of appeals in court, observed Mr. Marzel.

"It is time for the vicious cycle to end. It means we have to take it to the next level, to show the government it cannot thumb its nose at our courts," said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this summer on behalf of a number of people in Ontario facing marijuana trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no prohibition on possessing or producing marijuana, for medical or recreational use.

"This is the only way. The courts have repeatedly given the government time to come up with a workable solution. They didn't do it. Health Canada has brought this upon itself," suggested Mr. Marzel.

For several months in Ontario in 2003 there was no valid prohibition against simple possession of marijuana, as a result of a Superior Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to strike down all prohibitions, unless Health Canada enacts regulations that allow for a legitimate supply for medical users.

newcarcaviar

Holy shit! This is what I like to hear!

I hope this isn't a dumb question, but is there any way I can get involved?

__________________
Shine on, Syd. 1946-2006

dirtbomb

A letter to your local MLA?

__________________

----------------------------------------------------
Uh, I forgot, Man. What? Oh yeah I dig. Never mind.
Enjoy all the delicious flavours
of our posting guidelines!
http://www.marijuana.com/site-feedba...uidelines.html

the_hitman

Screw provincial politics, he's going to want to write to his MP

__________________

newcarcaviar

Exactly what I was thinking. It will be done. Oh yes, it will be done.

ontariogrows

This is good news, i hope this carries some weight!

claygooding

yipee,ti yi,come on Canada.

ITG

Court challenge aims to legalize all cannabis use
06/01/09 | National Post | Shannon Kari

Medical marijuana advocates are planning a court challenge aimed at legalizing all cannabis use, in response to the latest restrictions announced by Health Canada.

The federal government announced last week that it would allow designated producers to grow marijuana for as many as two medical users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of Canada judge in January, 2008, because they did not provide for a sufficient legal supply of cannabis for medical users without having to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost in court trying to uphold its medical marijuana policies and regulations, each time over restrictions on supply.

The federal government's decision to allow producers to grow for no more than two users is a "mockery" of the courts, said lawyer Ron Marzel, who was part of the successful Federal Court challenge to the previous regulations.

The most recent restrictions for medical producers that were struck down were virtually identical to ones that were found to be previously unconstitutional by the Ontario Court of Appeal. The rules "create an alliance between the government and the black market," to supply "the necessary product" wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start another round of appeals in court, observed Mr. Marzel.

"It is time for the vicious cycle to end. It means we have to take it to the next level, to show the government it cannot thumb its nose at our courts," said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this summer on behalf of a number of people in Ontario facing marijuana trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no prohibition on possessing or producing marijuana, for medical or recreational use.

"This is the only way. The courts have repeatedly given the government time to come up with a workable solution. They didn't do it. Health Canada has brought this upon itself," suggested Mr. Marzel.

For several months in Ontario in 2003 there was no valid prohibition against simple possession of marijuana, as a result of a Superior Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to strike down all prohibitions, unless Health Canada enacts regulations that allow for a legitimate supply for medical users.

__________________

It matters not how strait the gate, How charged with punishments the scroll,
I am the master of my fate; I am the captain of my soul.

doyoulikegreen

This is such good news!!!!!

Edit: I found him on facebook and wrote him a note showing my support. He was over 1500 friends.... -- added!

__________________
"I don't know what is marijuana. Perhaps I will try it when it will no longer be criminal. I will have my money for my fine and a joint in the other hand"

- Jean Chretien, Former Canadian Prime Minister

mrsuperstereo

i hope the canadians have the balls to do the right thing despite america's arrogance.