Pot-Trial Lawyer Given Time to Prepare Questioning

A Victoria man’s challenge to Health Canada’s medical marijuana access regulations was delayed in B.C. Supreme Court Wednesday to allow his defence lawyer to prepare for a cross-examination.

Owen Edward Smith, 29, challenged the regulations in relation to charges against him from Dec. 3, 2009, when a police search of a downtown apartment turned up large amounts of pot cookies and cannabis-infused baking oils.

Smith was the head baker for the Cannabis Buyers’ Club of Canada at the time. Officers discovered the apartment was being used as a bakery to make items to be sold through the club.

They charged Smith with possession for the purpose of trafficking THC and unlawful possession of marijuana.

His court challenge began Jan. 16, but quickly went into a voir dire – a trial within a trial – when defence lawyer Kirk Tousaw challenged the validity of the Controlled Drugs and Substances Act.

On Wednesday, the Crown’s key witness, Hanan Abramovici, was supposed to testify, but Tousaw said he had not been given enough time to prepare.

Justice Robert Johnston agreed and adjourned the trial until Monday.

Johnston said “there may be a risk” in providing the accused with an “inadequate opportunity to cross-examine.”

– Article from Times Colonist.


1 Comment

  1. Riley M on

    Pretty sad state of affairs when the leader of Canada wants to put large quantities of our youth population into hellish jail cells for smoking a drug that is obviously everywhere, and harmless. The CIA has been caught shipping drugs like cocaine into the states, no doubt there shipping here too. So the government designs the drug war, brings in the drugs, then sets you up to either become an addict and torture you that way, or steal your freedom and toss you into the worse possible conditions(jail) for being a victim of their scam. Awesome system this is, freaking joke conservatives are gonna burn in hell.