Got January On My Mind

I don’t know what is going to exactly start happening January 17, 2011. It’s exciting to finally go to trial with lawyer Paul Lewin defending me against the charge of growing marijuana for myself. This blog post is nearly four weeks in the crafting. And over two years in the living. So I’m going to hunker down with sum hash and finish bashing out weedy words.

On hot July nights I’m deeply thinking about January. Not to stay cool, but pondering the positive pot growing possibilities 2011 will bring. Lawyer Lewin and I have devised a unique defense that has been slowly weeding its way through our court system. With over a year spent in pre-trial – filled with federal government tom foolery – we finally set three to seven weeks worth of court dates a few weeks ago.

Jan. 17, 2011 is the kickoff of what promises to be a fascinating examination of prohibition.

Essentially we’re going to argue I had no choice but to grow marijuana for myself. I know I was breaking the law, but I had a damn good medical reason combined with an inability to access Health Canada’s med pot program. Only 4,000 Canadians currently have legal permission. There’s city run compassion clubs with close to 3,000 members. The federal marijuana program kind of exists in urban areas, but our own research demonstrates a dramatic difference in rural areas.mernaghbudmernaghbud
Therefore instead of finding me guilty of growing marijuana – the courts should toss out my grow charge, exempt me from the law, and find personal production in Controlled Drugs and Substance Act unconstitutional. Because people who are ill who use medical marijuana ought to have a right to grow it too.

We’re going to argue two amazing pieces of case law, R v. Parker (right to possess medicinal marijuana) and R v. Morgentaler (freedom of choice). Understanding women wouldn’t truly have choice unless the federal government was given the hook on abortion delivery, Dr. Morgentaler opened his own clinics. Then people truly had choice in medical treatment.

The volume of evidence to be called in R v. Mernagh will require a government mule to carry all the paperwork to court. I believe wholeheartedly we’re going to win. Or I wouldn’t have spent 2 years on bail. It’ll be 2 years and 8 months by January. A great deal of effort and personal sacrifice has gone into my defense. Besides freeing me, some great case law might be created that should benefit plenty of other growers and compassion club operators.

In the coming weeks Lewin and I will seriously begin to put the remaining pieces together in what promises to be a right fucking of the CDSA. From September onward we’ll be training heavily. With my next update on how people can become involved.

We’ve already exchanged some serious heavy constitutional blows with the crown. With all the ground rules established – anticipate something happening to CDSA in 2011. By Apr. 20/2011 we may have a ruling blasting a mac truck hole in prohibition…

Matt Mernagh
Matt Mernagh

Matt Mernagh is author of Marijuana Smoker's Guidebook The Easy Way To Identify and Enjoy Marijuana Strains ( by Green Candy Press and hosts a weekly weedy webcast The Menahuana Zone on Pot.TV every Tuesday. The Mernagh Ruling is a test case of Canada's cannabis laws and was spearheaded by Mernagh, lawyer Paul Lewin and 22 witnesses from across Canada.



  1. Beatnuck on

    If every marijuana defence was like Matt’s, cannabis would be legalized immediately. The reason: TAXPAYERS CANNOT AFFORD THIS CHARADE ANY LONGER.

    We need the costs of enforcement to be exposed and shoved back in conservative politicians faces continuously.

    We get second rate health care, education, policing, and anti-terrorism initiatives — why? Because there’s no money left to deal with what everyone else believes is important.

  2. Anonymous on

    you may also like to get some other paperwork in order.
    for example, you could argue the reasons why cannabis has these surrounding penalties and then work on proving why these reasons do not fit your case.
    for example show some proof that the threat of cancer with smoking has become a reason to up the penalties.
    you will find good info in various parliament tabling work for the CDSA.
    then you take them the tashkin study, it outlines that there is no link to smoking and lung cancer even in heavy users.
    then support yourself with the fact that despite tobacco being known to lead to cancer and kill thousands per year they do not put people in jail for risking cancer from smoking. ask them how they are able to justify this and put you in jail. then go to your doctor and have him do tests on your lungs and lung capacity etc. prove that you are clean.
    go do some running work if you need to. clean up your diet. then show them a vaporiser and explain how this just melts thc and so you are not taking in carcinogens. once again make it a moot point by showing tobacco is legal for adults for their choice.

    then prove the same that fears about going crazy have added to the idea of penalty for pot. then find some studies that show the link is not as great as one would expect. get your head read.
    show that you are not crazy but fit within the mean or better. then find a list of medicines that are legal that have a side effect of possibly making you mentally ill or having suicidal thoughts etc. inlcude alcohols effects and show that despite this it is legal. all these things can be taken for benefit as long as the side efects are low and benefit overides this.
    try and find some recent studies done on cannabis medicine. as you know, you can also refer to canadas med pot program that tells it is allowed as medicine. you will also want a doctor or medical history showing some reason for needing cannabis to treat or help you sleep etc. you will want reccomeded intake levels showing that dose has been decided to be relative to other drugs rather safe.

    then get your pot tested for mould. then get your wiring of your home tested by an electrician.
    show proof that mould and fire/electricty, chemical concerns are used to give reason to go after growers.
    ypu will find this in various politician speeches etc.
    show the reports that your situation does not have these. show that fertilisers are used in every other back yard.
    detail the tonnes of fertilisers that are produced and go into growing eaten foods and tobacco . show a list of legal pesticides and herbicides for say growing tomatoes in the back yard or indoors for that matter. insect sprays etc.
    try show that irrational reasons are being used to further stigmitise cannabis growers. maybe you are an organic careful type person and use your common sense to avoid such issues anyway.

    show that you are not a young person. you do not have the issues that a young persons mind has with substances.

    then find as much info as you can to show that health canadas pot is not so great a medicine.
    lack of variety, stems, irradiation? show how they have lost court challeges on trying to restrict a patients right to get their medicine. it has become a monopoly with such red tape that dispells or dissuades people in need of cannabis medicine. it either pushes them to grow their own or source from clubs or black markets where you have no control over strain, organic, mould etc. you have a lot of information on hand to show that the high court has struck down their implemented plan as unconstitutional. use this as a reason why you tried? or never went with their program and if it is unconstitutional you as a citizen have a right to your contitution so obviously this is outside of health canadas med program. you could not wait five years for them to fix it because they came back with another restrictive plan that was proven so or is proven so.

    putting all this into perspective, you only took a god given seed that the bible, which in some countries makes you swear upon, says you can use. there are a lot of herbs you can use for your good health that you can grow your own.
    show them this is not as different as the CDSA tells otherwise.

  3. Lygeia on

    They are going after everybody.

    First, we were told by Eric Holder of the Justice Department in the United States that prosecuting marijuana users was the Justice Department’s “last priority.” I think think this was just to lull members of the marijuana community into a false sense of security, because now, they are prosecuting everyone.

    We need to end this Prohibition now.

  4. Ray Christl THC Ministry Asia on

    judiciary,unlike U.S. courts.In the Principle of Pot one of the interesting parts– was when Marc left Cannada. Asia is an exciting place with ancient culture,yet judicial integrity is minimal. Indonesia where Marc spent time, has an archaic history of soma/hemp sacrament.Therefore honest court system would “see” the facts.. ? Recently,as the the immense 2 year old Sumatran baby continues to smoke 40 (down from 80)cigarettes on television daily, for national entertainment.That same society with its present mindset– influenced with Muslim philosophy,has virtually zero chance in making an honest assessment in logical consistency. So,Marc who said Canada sucks –returns–since Cannda is the last great hope of global logic. America is toast-Asia a disgrace-Europe has its imperial head in the sand. Africa is doubtful from corruption,and South America seems likely to decrime(Mexico-Columbia etc.. allow personal consumption ?)–yet take the anti-trafficking drug war dollars. It will take some amazing Crown personnel to obtain the correct ruling. Best of luck intrepid Matt. PakALOHA(tobacco of LOVE in Hawai’ian)

  5. Uncle Bob on

    Way to go Matt. You show those prohibitionists that “Bullshit does not baffle brains”

  6. Brian Kerr on

    I will be following your case with interest.

    End Prohibition !