On September 4, 2003, following rulings in Ontario, a British Columbia Provincial Court declared there to be no marijuana possession law in effect.
The entire judgement is at: www.provincialcourt.bc.ca/judgments/pc/2003/03/p03_0328.htm
But this is the essence:
Citation:
R v. Masse
Date:
2003 09 04
2003 BCPC 0328
File No:
62876-1
Registry: New Westminster
IN THE PROVINCIAL COURT OF BRITISH COLUMBIA
Criminal Division
REGINA
v.
KURTIS LEE MASSE
REASONS FOR JUDGMENT
OF THE
HONOURABLE JUDGE P. CHEN
[1] Kurtis Lee Masse stands charged on information 62876-1, that on or about the 21st day of February, 2003 at or near the City of New Westminster, he did unlawfully possess a controlled substance, to wit: Cannabis (marihuana), contrary to Section 4(1) of the Controlled Drugs and Substances Act. This is an application pursuant to section 601 of the Criminal Code of Canada to quash the information on the ground that it does not name an offence known to law as required by section 581(1) of the Code.
[2] The issue before me is simply this; is possession of cannabis (marihuana) an offence known to law in British Columbia?
[snip]Disposition
[67] It follows therefore, that there is no offence known to law at this time for simple possession of marihuana. The application is allowed.
Regina v. Masse
