Pot Possession Laws Unconstitutional, A Canadian Judge Rules

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A Toronto resident, who was charged with the possession of about 3.5 grams or roughly $45 dollars worth of marijuana, may be the straw that broke the law’s back. In Toronto, a judge has just ruled that Canada’s pot laws are unconstitutional.

The man, who was charged, has no medical conditions that would require marijuana nor does he have a medical exemption to smoke pot.

The man has no medical issues and doesn't want a medical exemption to smoke marijuana. His argument was based upon the fact that the federal government had only made it a policy to provide medical marijuana to those who required it but failed to turn this policy into a law.

The Marijuana Medical Access Regulations was put into effect in 2001 by health Canada allowed people who are suffering from grave and debilitating illnesses to have marijuana.

At his trial, the defendant stated that all possession laws, whether medicinal or not, should be quashed. The judge concurred and dismissed the charges.

"The government told the public not to worry about access to marijuana. They have a policy but not law.… In my view that is unconstitutional." Judge Howard Borenstein.

The man’s lawyer Brian McAllister feels the impact of this ruling may have major ramifications.

"Obviously, there are thousands of people that get charged with this offence every year,"

Defence lawyers across Canada have a new tool in their kit and it is likely that the government will soon launch an appeal.

Prosecutors have been given two weeks by the judge who will wait that long before he makes his ruling official.

"For the time being, nothing changes. We have to wait and see what happens with the process through the courts." Toronto police spokesman Mark Pugash said about how the force deals with marijuana possession

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Do not rush out and toke on the streets, there is a lengthy process that will need to unfold before this is resolved.