Still Waiting On Legal Weed Ruling

It’s been 30 days since R v. Mernagh was argued before Ontario Court of Appeal. If we’re lucky a ruling from the panel of three judges – who are known to vote in tandem – could be done sometime in August. Could be sooner or later, but it took 90 days to write the original ruling. Given the gravity of R v. Mernagh, I’m anticipating the justices to examine this issue very closely. They’re not going to take striking down personal marijuana possession and grow laws and a government run program lightly.
I don’t like speculating on what is going to happen. We put together an excellent body of evidence and if we didn’t – as the crown suggested – then we should be given clear instructions on how many witnesses the court would like us to call. The federal government’s argument was weak, including veiled threats about employing the not-with-standing charter clause this one time. Curiously when we win all the way, will The Harper Government pass a law specifically for medicinal marijuana that has Section 33 protection which would prohibit future cases such as mine? At least while he’s in office he could get away with it. Drastic, it’s never been done before, but that hasn’t stopped Harper on other issues like proroguing parliament. Imagine stripping gays their right to marriage or women their ability to choose by using Section 33 – there’d be outrage.
Let’s smoke some sativa.
We could speculate anything short of conviction would get appealed by the prosecutor to Supreme Court of Canada. Obviously it’s in the state’s best interest to imprison me. Then there’s my legal opportunity to appeal anything that goes against the original ruling. The feds begged Ontario Court of Appeal justices that regardless of how they rule the government requires a year to address the problems. One of my concerns is winning everything, but the government given a year. I’d most likely appeal that point because some of our witnesses are gravely ill and deserve to see a quicker outcome.
During the time of waiting we could spend all day guessing how the courts and government is going to react. I’m occupying my time with making video blogs, blogs, growing marijuana and writing a book for Green Candy Press. If you’re worried about missing my big news follow me on Twitter. After getting a phone call from Paul Lewin that the ruling is in, I’m going to phone my mom and dad, send out a Tweet and update FaceBook, call Chris Goodwin, Bud Cannabus and few close friends, and finally the news department at Newstalk1010. The Jim Richards Showgram is most likely to get the scoop. After those calls are made, I’m heading to Vapor Central to celebrate, do media and you can come down 667 Yonge St. or watch us live on Pot TV.
Instead of thinking about the ruling I’m focusing on the party planning. Lady Samalot idea of dumping a mountain of marijuana over my head ala football gatorade celebration is an awesome suggestion. Bong gauntlets, media interviews, chants, dancing, and of course as we all decided on The Mernahuana Show, we shall remove our pants and whirl them in the air like we just don’t care, but only after the room is clouded in so much smoke we can’t see the pantless pothead beside us.

Have a weedy day

Matt Mernagh

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.