Monday, May 19, 2008

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.

. . .

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."


This should cause some interesting debates. Personally, I've been in favour of decriminalizing marijuana for some time, so I can't help but applaud a ruling such as this one, Of course, I don't see the current government doing anything on that front. It's more likely the Conservatives will try and use this ruling as a reason to discontinue the medical marijuana policy instead. Still, rulings like this one means the momentum is moving in the right direction.