| In a case that's sure to be appealed, an Ontario judge has ruled that the province's marijuana laws are unconstitutional. Meanwhile, a Liberal MP from British Columbia is calling for the government to regulate marijuana in the same fashion that it regulates alcohol.
Canadian Judge Rules Marijuana Possession Laws Unconstitutional A judge in the province of Ontario, Canada dismissed marijuana possession charges against a 29 year old Toronto man, ruling that Canada's laws governing possession are unconstitutional. The unidentified defendant, 29, had been charged with possession after police had found him carrying 3.5 grams of marijuana.
Since July 30, 2001, Canada has allowed a medical exemption for the possession and growing of marijuana, under Health Canada's Marijuana Medical Access Regulations. The regulations describe eligible persons as those "suffering from grave and debilitating illnesses." Canada contracts with a private company, Prairie Plant Systems, to cultivate and package seeds and/or dried marijuana. The company then ships a monthly supply to eligible patients. A packet of 30 seeds costs $20 (Canadian), plus taxes. Dried marijuana costs patients $150 (Canadian) for 30 grams, which is slightly more than an ounce.
The defendant in this case was not suffering from an illness and was not in need of an exemption from the possession laws, but employed a defense that questioned the legality of the medical exemption since it is only a regulation, not a law. He argued that all possession laws, therefore, should be struck down.
Howard Borenstein, the presiding judge, agreed. "The government told the public not to worry about access to marijuana," he said. "They have a policy but not law. In my view that is unconstitutional."
The defendant's lawyer, Brian McAllister, said that the ruling may have significant consequences for possession laws throughout the province. "Obviously, there's thousands of people that get charged with this offence every year," he said, suggesting that Ontario residents can cite the new ruling as a defense for possession charges. "That's probably why the government will likely appeal the decision," he added.
Judge Borenstein will make his ruling official in two weeks. Prosecutors have said that they will appeal the decision soon.
In related news, Larry Campbell, a Liberal senator from the province of British Columbia, said Wednesday that the federal government should decriminalize marijuana and "tax the hell out of it." He said the government should use the revenue for health care priorities. Sales should be controlled by government, he stated, in the same way that alcohol is sold. He noted that organized crime is pulling in large profits on growing and selling of the drug.
Senator Campbell also suggested that too many resources are being used prosecuting people for possession of small amounts of marijuana. "This is not a drug that causes criminality," he said. "People are getting criminal records for essentially nothing."
A recent UN survey, the 2007 World Drug Report, has determined that marijuana use in Canada is the highest among developed nations. Some 16.8 percent of Canadians between the ages of 15 and 64 used marijuana in 2004, compared to 12.6 percent in U.S., 8.7 percent in Britain, 8.6 percent in France, 6.9 percent in Germany, and 0.1 percent in Japan.
York University law professor Alan Young said the report's numbers may be skewed higher for Canadians due to the willingness of Canadians to discuss the issue. "It's become a large part of youth culture in Canada, and more importantly, 50 percent of marijuana smokers are over the age of 30," he said. "So it's really gone to all age groups, all class groups. There's no question about it that there is less stigma in Canada."
Only four other countries ranked ahead of Canada on marijuana use: Papua New Guinea, Micronesia, Ghana, and Zambia.
The UN data for harder drugs such as amphetamines and ecstasy showed relatively low use among Canadians.
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2007 by AlternativeApproaches.com
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