David Malmo Levine and Randy Caine in Supreme Court

David Malmo-Levine has been fighting in court for Canadians’ right to use marijuana recreationally since he opened the first of two cannabis buyers clubs in 1996 (see CC#16). Randy Caine has been fighting in court for the same thing since he was arrested for possessing a roach in Vancouver in 1993 (see CC#13).
On November 17 and 18, Malmo-Levine and Caine presented their arguments together before the Supreme Court of British Columbia. Both were represented by famous cannabis lawyer
John Conroy.

“I gave them an hour-and-a-half crash course in freedom and the proper use of cannabis,” declared Malmo-Levine. “If we are not to become a nation of sheep, then the right to our own health and lifestyle choices, the right to our own pursuits and the right to our dignity are essential.”

During the trial, Conroy argued that the it was the government’s responsibility to prove that cannabis should be illegal under the Canadian Charter of Rights and Freedoms, not Conroy’s responsibility to prove that it shouldn’t be.

Conroy explains: “the problem is that the way section 7 of the charter is worded, you have the right to life, liberty and the security of your person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. So we have to prove that marijuana prohibition is not in accordance with the principles of fundamental justice.”

A decision in the Caine and Malmo-Levine cases is not expected for two to four months.

? David Malmo-Levine: [email protected]

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