PUBLIC BAMBOOZLED ON DRUG LAWS

Re: Drug Enforcement Misses Mark, letter to editor, April 7:

On Dec. 10, 1997, our marijuana laws were declared unconstitutional
by Justice Patrick Sheppard, which was upheld by the Ontario Court of
Appeal, July 31, 2000 (Catzman, Charron, and Rosenberg).

This decision was not appealed to the Supreme Court of Canada, and
government has not re-enacted Criminal Code statute upon marijuana.
Therefore, marijuana - possession, cultivation, and sales - is legal,
and has been for about 10 years. Just like the prohibitions on
same-sex marriage, medical marijuana, and abortion, the law died in
court, not Parliament. Every pot bust for over 10 years has been
legally invalid.

But police and courts and the government, and yes, even the media,
completely ignore these precedent-setting rulings, and continue to
bust people with a dead law. The media-addled public is being bamboozled.

RUSSELL BARTH

Federally Licensed Medical Marijuana User

Drug Reform Analyst and Consultant

Educators for Sensible Drug Policy