Marijuana.com

lambasted

Due to a recent ruling in the Ontario supreme court, the illegalization of marijuana was declared unconstitutional due to a legal loophole as of July 17, 2007. Not sure if it will stick, and I also don't really understand the legal argument (if anyone could summarize in layman's terms I'd appreciate it). Anyway, maybe this same argument could be used across Canada or in the United States, but i guess it depends on the courts. Although it would be nice for the government to legalize it, I'll take whatever I can get.

The Lawyers Weekly

apologies if this has been posted already

 

THC Fiend

drug prohibition is under federal jurisdiction...

At this moment I'm gonna say "wtf are you talking about".

If I wake up tomorrow and pot is legal to possess in this beautiful province then I'll post an apology.

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pkster8235

Trust me, if weed becomes legal in Ontario or any other Canadian province, you will definitely hear about it. People will be yelling in the street and screaming with joy.
When/if marijuana is legal, you will know it for sure.

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lambasted

Sorry, I guess legal isn't technically the right term, although the accused in this case did get away with possession of 3.5 g. I'm don't really know that much about law, and i'm not exactly sure if it's a provincial matter, so unless i'm missing something theres a legal precedent now in the Ontario courts. So yeah, technically the cops will still bust you and the laws still say its illegal, but this case could get you out of legal trouble. I originally saw this on Wikipedia, but I checked the sources and it seems legit. Anyways, if there's something I'm missing I'll politely shut the fuck up.

Sorry for getting your hopes up

Sources:
Cannabis legalization in Canada - Wikipedia, the free encyclopedia
The Lawyers Weekly

pkster8235

Yeah.. do people even get charged for 3.5 grams.. isn't it just a ticket? I know a lot of pot smokers, and the most that has ever been done is getting your weed destroyed in front of you.. which would still suck, haha.

 

nowlight

I would say here in Manitoba its just about legal unless you have more then 3+ or so grams, and that its all in one bag. Other then if one had 2+ grams all in 1gram bags then your going to be busted. I know that I have been stoped by the cops before with a lit joint, all they said to me was don't go near a school and don't do anything stupid.

Also just be smart about it and respect the weed and cops, and its all good for most Canadians. I think that most Canadians would agree with me on this on.

Rauch|Drogen

If you go ahead and read the article he linked to instead of just telling him he's wrong, you'll plainly see that what he says is true; The precedent has been set that marijuana laws in Canada are unconstitutional until such time that the gov't makes a LAW which requires them to supply medicinal marijuana to eligible persons, as opposed to the currently in place POLICY. As such, any person ticketed for possession could take the ticket to court and use the linked-to case as precedent to argue that the charges against them are unconstitutional (and they'd probably win.) It's only temporary, and I certainly wouldn't say that marijuana is 'legalized', but it's definitely a usable loophole.

- Rauch|Drogen

toronto-smoker

I may be mistaken, however I believe in Ontario that possession of up to 1oz will get you a Civil Citation, confiscation, and a $100 fine for a first offense. Not sure if that is the maximum penalty, or if it is a guideline for the legal types and police.

I'm also brand new around here - awesome site - so HI! - nice to meet y'all!
Steve in Toronto

HazyBritBoi

Wasn't a new law passed in Ontario that would mean if you are caught with any weed at all they can arrange a court hearing?

Richi

It's not that marijuana is legal, per say, but that this guy argues in court that the medicinal marijuana laws are not specific enough and ergo his chargers were dropped.

What this means is that when a citizen of Ontario is charged with the same possession charge he was charged with, they have a very strong case to argue. Along the liens of "His charges were dropped, and mine should be as well."

This will only last until the decision is repealed, which will be very soon.

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