Changes to Ontario Marijuana Laws

In a decision that could have a wide impact on marijuana laws, Ontario Superior Court Justice Donald J. Taliano has overturned Canada’s laws prohibiting the possession and production of marijuana, but the federal government has 90 days to respond before the ruling becomes binding.

Mernagh was charged by Niagara Regional Police in 2008 when police seized 70 marijuana plants in his apartment in St. Catharines.
The court heard that since other drug prescriptions weren’t working, Mr. Mernagh grew his own marijuana for medicinal purposes. The only way Mr. Mernagh could legally grow marijuana was if he had a signed doctor’s declaration, something he was unable to do. He was technically growing and cultivating marijuana illegally under the Marijuana Medical Access Regulations (MMAR) and that is what landed him in court.
Mernagh‘s legal defence called MMAR “unconstitutional,” saying the “prosecution violates his rights of liberty and security of the person under section 7 of the Charter of Rights.”
Judge Taliano disagreed with Crown’s assertion and ruled the following:

“The deleterious effects of the MMAR on Mr. Mernagh and other similarly situated individuals are clear. Seriously ill persons who need marihuana to treat their symptoms are forced to choose between their health and their liberty. If they choose their health, they must go to significant lengths to obtain the marihuana they need, including lengthy trips to purchase the drug, resort to the black market, and living with the constant stress that at any time they could be subject to criminal prosecution. These already sick individuals must further cope with the added stress of the stigma and social rejection of friends, family and members of the public who see them as criminals. This is not to mention the real fear of losing one's doctor simply by inquiring about the drug and damage to the patient-doctor relationship."

Although the judge over turned the marijuana laws, the federal government has 90 days to respond before the ruling becomes binding and marijuana production and possession becomes legal in Ontario. In the meantime, Mr. Mernagh has a personal exemption to possess and grow marijuana.

via: GlobalNews