Ontario Superior Court Declares Marijuana Prohibition Unconstitutional

Puffman · 04-13-2011, 09:19 AM

Ontario judge declares criminalization of pot unconstitutional

Quote:

TORONTO — Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.

The court declared the rules that govern medical marijuana access and the prohibitions laid out in Sections 4 and 7 of the act "constitutionall y invalid and of no force and effect" on Monday, effectively paving the way for legalization.

If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.

Say what you will about the idiot politicians in the country, it is nice to see that at least some judges still respect our freedoms.

The decision will likely be appealed (can be appealed first to the Ontario Court of Appeal, and then to the Supreme Court of Canada), but it is possible that if the Conservatives (somehow) loose the election the Liberals will take it as a sign that prohibition isn't going to work in Canada.

**SageTree** · 04-13-2011, 09:22 AM

!!!! to that!!!!

Woot woot!!!!

Bearsy · 04-13-2011, 09:53 AM

As I understand it they have to re-write the potions of the DCSA in order to make them Constitutional?

Puffman · 04-13-2011, 10:06 AM

The government has 90 days to either amend the legislation so that does not conflict with the Charter (which is what they did a few years ago after the Ontario Court of Appeal basically made the same decision) or appeal the decision.

Its pretty likely the decision is going to be appealed at least once before the House makes any radical changes to the law.

04-13-2011, 09:22 AM	#2 (permalink)
SageTree ~Kalyāṇa-mitrā~ Join Date: Sep 2000 Location: In Love Posts: 23,414 Blog Entries: 26 Thanks: 13,070 Thanked 6,769 Times in 4,664 Posts	!!!! to that!!!! Woot woot!!!! __________________ "What's oppressive is letting your life be confined by old definitions of what everything is." -Zen Meister my_scatterheart YaHooka is.... Cannabis lovers from around the world pulling up a comfy chair, picking up a vaporizer, a bong, a brownie, a pipe, or a joint, getting high, stoned, buzzed or healthy. Uniting our minds in conversation...While Portraying a Positive Image of marijuana and marijuana users to the world. Treat your fellow YaHookans with kindness,respect and tolerance.

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04-13-2011, 10:06 AM	#4 (permalink)
Puffman LeavesOfGrassMyAss! Join Date: Jun 2003 Location: Canada Posts: 6,550 Thanks: 539 Thanked 251 Times in 163 Posts	The government has 90 days to either amend the legislation so that does not conflict with the Charter (which is what they did a few years ago after the Ontario Court of Appeal basically made the same decision) or appeal the decision. Its pretty likely the decision is going to be appealed at least once before the House makes any radical changes to the law.

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