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Wednesday, April 13, 2011

COURT STRIKES DOWN MARIJUANA LAWS, GIVES GOVERNMENT 90 DAYS TO FIX CHARTER ISSUES

Today in R v. Mernagh the Ontario Superior Court of Justice found the entire regulatory scheme governing medical marijuana (the Marihuana Medical Access Regulations) to be invalid. As a result sections 4 (prohibiting possession) and 7 (prohibiting production) of the Controlled Drugs and Substances Act were stricken. The government has been given 90 days to fill the legislative void or it will become legal to possess and produce marijuana.