Tuesday, June 22, 2004

Charges dropped against marijuana 'compassion club'

Shannon Kari
The Ottawa Citizen

TORONTO - The federal Department of Justice has dropped all trafficking-related charges against another marijuana compassion club in Toronto, because it was not in the "public interest" to continue the prosecution.

Three members of the "Section 56" compassion club faced charges, including possession of marijuana for the purpose of trafficking and possession of proceeds of crime. The defendants were charged last year after police seized more than eight kilograms of marijuana from the club.

One of the three defendants, Bruce Ryan, had asked the court to hear a motion that the existing Marijuana Medical Access Regulations were unconstitutional.

Instead of arguing the motion, a federal Justice Department prosecutor told a provincial court judge on June 9 that the charges were being withdrawn, without providing reasons. There was a similar lack of explanation in January when trafficking charges were withdrawn against members of the Toronto Compassion Centre, which had fought a successful court battle against the federal government's medical marijuana regulations.

Medical marijuana advocates say that despite a number of legal victories, police are still laying charges and the federal government is not complying with court orders to improve supply to sick people.

Contact: letters@thecitizen.canwest.com

ottawacitizen

This is very good news! I hope that this means a few people are breathing a sigh of relief today.

That's pathetic that they gave no reason.

The bust should not have happened in the first place.

It's in the public interest to Stop Arresting all Marijuana consumers, growers, and sellers and create a regulated environment.

In general, the justice department's actions with respect to Marijuana use undermines the public's faith in the justice system.

Shame on them.
What an embarrassment they are to those who believe in the importance of Law.

Josh Melamed
Swerve

The lack of explanation is that they don't want to set a precident.

I believe this shows that there is currently no valid marijuana prohibition.

Quote:

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Bruce Ryan, had asked the court to hear a motion that the existing Marijuana Medical Access Regulations were unconstitutional

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Was this a Motion to Dismiss, or something else that he had prepared? And if so, would it be possible to share it here so that others could follow his strategy?

The Montreal Gazette version of this article had the following additional information.

Tuesday, June 22, 2004

Case against compassion club up in smoke

Second such retreat this year. Enforcement continues while government won't improve medical pot supply: lobby

SHANNON KARI
CanWest News Service

[snip]

Ryan said Health Canada has not responded to an application he made last October to set up a compassion club to provide marijuana to 12 chronically ill people. "Not a phone call, not a letter," Ryan said.

Catherine Saunders, a Health Canada spokesperson, said yesterday the federal government has no intention of complying with the court's direction to increase the legal supply of medical marijuana by allowing registered producers to grow for more than one person.

"We have to minimize the risk of diversion and follow our international (drug) treaty obligations," Saunders said.

Contact: letters@thegazette.canwest.com

montrealgazette

In a country ful of crappy useless expensive heartless bureaucracies, Health Canada still takes the prize as the most gutless.

Quote:

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"We have to minimize the risk of diversion and follow our international (drug) treaty obligations," Saunders said.

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In other words, we have to keep letting the Americans rule us.

They are openly defying the court. This was predicted by Alan Young.

The top brass at health Canada involved with the Marijuana issue should all be dismissed from their jobs.

Does anyone have an excerpt from the judge's ruling as to what they said Health Canada must do with respect to growing for multiple users? I remember Alan or someone saying the language could have been more forceful, but wasn't, thus setting up the possibility of another court challenge.

Josh/Swerve

The Regina Leader-Post version of this article had the following additional information.

Tuesday, June 22, 2004

Crown drops charges

Shannon Kari
CanWest News Service

[snip]

"It is all politics," said Paul Lewin, a lawyer who represented one of the three Section 56 defendants. "It is not what is good for chronically ill people. It is how this will play in the election."

The number of people registered to possess marijuana for medical use has increased slightly, to 763 this month from 706 in December 2003 when the new regulations were introduced, according to Health Canada. The number of registered producers is up to 563 from 533 in the same time period.

Justice Department spokesman Patrick Charette said Monday that some compassion club charges in Ontario have been withdrawn because the allegations related to a period when there was no marijuana possession law in Ontario. The Court of Appeal found that there was no ban on possession between July 2001 and October 2003 because the government failed to comply with an earlier court ruling.

Marijuana compassion clubs may still be prosecuted in the future, said Charette. "It is up to the prosecutor. But there is a valid law and we will enforce it."

Contact: letters@leaderpost.canwest.com

regina/leaderpost