Pot laws ruled unconstitutional

Now, don’t get too excited… it was one judge in Ontario, Canada. And he’s given the government 3 months to fix the problem.

But still…

Ontario judge declares criminalization of pot unconstitutional

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 “constitutionally 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.

This all stems from medical marijuana. The judge ruled that since the government has not come up with a good way for people to obtain medical marijuana, nor provided the necessary guidance to help doctors utilizing the federal medical marijuana program, it’s forcing people to crime, and that was the rather unusual basis behind the ruling.

Star: In an April 11 ruling, Justice Donald Taliano found that doctors across the country have “massively boycotted” the medical marijuana program and largely refuse to sign off on forms giving sick people access to necessary medication.

As a result, legitimately sick people cannot access medical marijuana through appropriate means and must resort to illegal actions.

Doctors’ “overwhelming refusal to participate in the medicinal marijuana program completely undermines the effectiveness of the program,” the judge wrote in his ruling.

“The effect of this blind delegation is that seriously ill people who need marijuana to treat their symptoms are branded criminals simply because they are unable to overcome the barriers to legal access put in place by the legislative scheme.”

Taliano declared the program to be invalid, as well as the criminal laws prohibiting possession and production of cannabis.

So essentially the judge is saying that unless the government fixes its atrocious federal medical marijuana program, he’ll make marijuana legal for everyone to insure that sick people will be able to get it without having to go to criminals. Fascinating.

[Thanks, Tom]

The notion of federal laws against marijuana used to be considered unconstitutional in this country, too.

Post to Twitter Post to Facebook Post to Reddit Post to StumbleUpon