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.