David Malmo-Levine is appealing convictions on charges of trafficking and possession for the purpose of trafficking, related to the operation of his Vancouver Harm Reduction Club. His case was heard in the Supreme Court of BC on November 17 and 18, at the same time as Randy Caine’s case.
Caine’s case was the latest appeal in his massive constitutional challenge against siple possession. Caine was arrested for possession of less than a gram of cannabis in 1993.
Two of the three judges who listened to the case ruled that marijuana charges were not unconstitutional, as Malmo-Levine and Caine’s lawyer John Conroy, argued. One of the judges, however, Madam Justice Prowse, ruled otherwise.
The harmful effects of marijuana as disclosed by the evidence are not sufficiently serious to justify the imposition of criminal law sanctions, including imprisonment [with regards to possession charges],” Judge Prowse concluded.
The judges in my case refused to talk about dealing until they can decide whether or not cannabis causes harm,” said Malmo-Levine. But the two are intertwined, because if you use properly, then there is no harm. If they decide that all harmless activities are protected under the constitution, then cultivation and trafficking are also protected.”
The dissenting opinion allows the cases to be appealed to the Supreme Court of Canada, where Malmo-Levine intends to represent himself.
I expect to be there around the same time as [lawyer]John Conroy, who represents Randy Caine, and perhaps at the same time as the Chris Clay case, for which we are still awaiting a judgment in Ontario.”
In other words, all of the constitutional appeals to drug laws made by Canadian activists may be heard by the Supreme Court at the same time. Meanwhile, Malmo-Levine continues to foment cannabis activism across the nation.
“I am going across Canada on a speaking tour about the proper use of cannabis, promoting the next issue of potshots and doing things for Pot TV [pot-tv.net]. Judges have narrowed the use argument down to whether it causes harm, and with proper use there is no harm. So I think I can improve my chances in Supreme Court and reduce the hysteria surrounding cannabis at the same time.”
? David spoke at the following places and times: Victoria- July 10; Nelson- July 15; Calgary- July 19; Edmonton- July 23; Saskatoon- July 27; Winnipeg- July 31; Toronto- August 4; London- August 8; Ottawa- August 12; Montreal- August 16.
? Dates for the Maritimes are to be announced.
? David Malmo Levine: [email protected]