It was a nice run, but it is overI’m very angry! This Ontario Court of Appeal decision gives the government everything they asked for. The gov’t doesn’t have to distribute pot, the prohibition is -ILLEGALLY – reinstated by the OCA, no remedy is offered for the tens of thousands of citizens who have been convicted of a crime that didn’t exist for 26 months, the security of the person is still violated by the new court-approved regs (no legal access in reality).
Its a terrible decision for the medical marijuana people and will prove to be of no help at all in this period following this decision.
I am going to finance an appeal to this decision to the Supreme Court, so any of the litigants in Hitzig who are unhappy with this rout, get in touch with me.
Court makes pot possession illegal again
Ontario judges tell Ottawa it has duty to provide medical marijuana to the ill
The Ontario Court of Appeal has struck down provisions of the federal government’s medicinal marijuana program, reinstating in the process the prohibition against possession of small amounts of pot.
The decision released today struck down what it called unconstitutional provisions of the federal Marijuana Medical Access Regulations that govern the growth and distribution of the drug for medicinal purposes.
Those provisions restricted licensed growers of medical marijuana from receiving compensation for their product, from growing the drug for more than one qualified patient and from pooling resources with other licensed producers.
But not only does the ruling eliminate those provisions of the program that were considered unconstitutional, it also reinstates the pot-possession laws that were effectively suspended in Ontario late last year.
“This narrow remedy would create a constitutionally valid medical exemption, making marijuana prohibition … immediately constitutionally valid and of full force and effect and removing any uncertainty concerning the validity of the prohibition,” said a synopsis of the ruling issued by the court.
The ruling agreed with a lower court ruling in January that found the regulations were unfair because they forced those who qualified under the program to either grow their own pot or buy it on the black market.
“Many of these individuals are not only seriously ill, they are also significantly physically handicapped and therefore cannot possibly grow their own marijuana,” the synopsis said.
“A scheme that authorizes possession of marijuana by seriously ill individuals but which drives some of them to the black market … undermines the rule of law and fails to create a constitutionally valid medical exemption to the criminal prohibition against marijuana.”
The January ruling, by Ontario Court Justice Sidney Lederman, left marijuana possession laws across Canada in tatters, because it effectively rendered marijuana prohibition in the Controlled Drugs and Substances Act of no force and effect.
Lederman gave the government a July 9 deadline to either fix the regulations or supply the pot itself. The government then instituted an interim policy where it supplies pot at set prices to approved users.
The government appealed the ruling, saying it shouldn’t be forced to provide a legal source of marijuana.
The initial lawsuit was launched by seven Canadians with various medical conditions, along with their caregiver, who demanded the federal government provide a safe and reliable source of medical marijuana.
Earlier this year, Ontario’s laws against marijuana possession were thrown into question after a judge ruled that possessing less than 30 grams of pot is no longer against the law in the province.