"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."Here's hoping that appeal gets shot down. Now I am not a user of the stuff myself (too old and responsible, don't you know, and unabashedly influenced by the Replacements). But far be it from me to get in the way of others' enjoyment of this substance that is likely less harmful than alcohol (my own one remaining crutch - when not driving). In fact I believe there is a good pragmatic argument for making all recreational drugs legal. If that day ever comes, then this ruling will be seen as a big step along the way.
Defence lawyer Brian McAllister, who represented the man, said the ramifications of the ruling have potential to be "pretty big."
"Obviously, there's thousands of people that get charged with this offence every year," he said.
McAllister said Ontario residents charged with possessing marijuana now have a new defence.
"That's probably why the government will likely appeal the decision," he said.
Borenstein has given prosecutors two weeks before he makes his ruling official. Prosecutors told CBC News they want a speedy appeal to overturn the decision.
Whatever you can say about Pierre Elliott Trudeau, the gift he gave us with the 1982 constitution is one that just keeps on giving. That's the man's true legacy IMHO.
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