JUDGE RULES CANADA'S POT POSSESSION LAWS UNCONSTITUTIONAL

A Toronto judge has ruled that Canada's pot possession laws are
unconstitutional after a man argued the country's medicinal marijuana
regulations are flawed.

The 29-year-old Toronto resident had been charged with possession of
about 3.5 grams or roughly $45 dollars worth of marijuana.

The man has no medical issues and doesn't want a medical exemption to
smoke marijuana. In 2001, Health Canada implemented the Marijuana
Medical Access Regulations, which allow access to marijuana to people
who are suffering from grave and debilitating illnesses.

In court, the man argued that the federal government only made it
policy to provide marijuana to those who need it, but never made it
an actual law. Because of that, he argued, all possession laws,
whether medicinal or not, should be quashed.

The judge agreed and dismissed the charges.

"The government told the public not to worry about access to
marijuana," said Judge Howard Borenstein. "They have a policy but not
law.... In my view that is unconstitutional."

Defence lawyer Brian McAllister, who represented the man, said the
ramifications of the ruling have potential to be "pretty big."

"Obviously, there's thousands of people that get charged with this
offence every year," he said.

McAllister said Ontario residents charged with possessing marijuana
now have a new defence.

"That's probably why the government will likely appeal the decision," he said.

Borenstein has given prosecutors two weeks before he makes his ruling
official. Prosecutors told CBC News they want a speedy appeal to
overturn the decision.

"For the time being, nothing changes," Toronto police spokesman Mark
Pugash said about how the force deals with marijuana possession. "We
have to wait and see what happens with the process through the courts."