News (Media Awareness Project) - Canada: Canada Marijuana Charge Tossed In Dispute |
Title: | Canada: Canada Marijuana Charge Tossed In Dispute |
Published On: | 2003-01-02 |
Source: | Newsday (NY) |
Fetched On: | 2008-01-21 15:40:58 |
CANADA MARIJUANA CHARGE TOSSED IN DISPUTE
WINDSOR, Ontario -- Canada's failure to change its marijuana laws as
ordered by an earlier court ruling caused a judge to drop a possession
charge against a 16-year-old boy Thursday.
The case amounts to a challenge to the validity of the Canadian law that
makes possession of marijuana illegal.
Lawyer Brian McAllister argued in court that the federal government never
reworked its marijuana laws despite the 2000 Ontario court ruling that it
should make medicinal marijuana available to legitimate patients.
Instead of writing new laws, the government passed regulations to create a
medical marijuana system.
McAllister argued that the situation means Canada effectively has no law
prohibiting possession of about an ounce or less of marijuana.
Justice Douglas Phillips agreed, dropping the charges against the youth,
who cannot be named because of his age.
While the ruling involves only one case, it signals further momentum toward
the possible decriminalization of possession of small amounts of marijuana
in Canada.
Two Parliament committees have recommended eliminating or easing laws
against marijuana possession. Justice Minister Martin Cauchon says he will
introduce legislation in upcoming months to make possession of small
amounts of pot similar to a traffic violation, punishable by a fine with no
criminal record.
U.S. officials oppose any moves by Canada toward greater leniency, warning
of tighter border controls to combat increased smuggling.
Eight U.S. states have taken some kind of step toward permitting the
medicinal use of marijuana. The U.S. Supreme Court, however, has ruled
there is no exception in federal law for people to use marijuana, so even
those with tolerant state laws could face arrest if they do.
WINDSOR, Ontario -- Canada's failure to change its marijuana laws as
ordered by an earlier court ruling caused a judge to drop a possession
charge against a 16-year-old boy Thursday.
The case amounts to a challenge to the validity of the Canadian law that
makes possession of marijuana illegal.
Lawyer Brian McAllister argued in court that the federal government never
reworked its marijuana laws despite the 2000 Ontario court ruling that it
should make medicinal marijuana available to legitimate patients.
Instead of writing new laws, the government passed regulations to create a
medical marijuana system.
McAllister argued that the situation means Canada effectively has no law
prohibiting possession of about an ounce or less of marijuana.
Justice Douglas Phillips agreed, dropping the charges against the youth,
who cannot be named because of his age.
While the ruling involves only one case, it signals further momentum toward
the possible decriminalization of possession of small amounts of marijuana
in Canada.
Two Parliament committees have recommended eliminating or easing laws
against marijuana possession. Justice Minister Martin Cauchon says he will
introduce legislation in upcoming months to make possession of small
amounts of pot similar to a traffic violation, punishable by a fine with no
criminal record.
U.S. officials oppose any moves by Canada toward greater leniency, warning
of tighter border controls to combat increased smuggling.
Eight U.S. states have taken some kind of step toward permitting the
medicinal use of marijuana. The U.S. Supreme Court, however, has ruled
there is no exception in federal law for people to use marijuana, so even
those with tolerant state laws could face arrest if they do.
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