Ontario courts strike down marijuana law
By Nelson Daily Staff
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.
The ruling stemmed from the constitutional challenge of Matthew Mernagh, a man who relies on medical marijuana to ease pain brought on by fibromyalgia, scoliosis, seizures and depression.
The Ontario Court of Appeal had previously recognized that to deprive someone with a serious illness of medical marijuana if it relieves their pain is a violation of the Canadian Charter of Rights and Freedoms.
As a result of that, the federal government created the Marijuana Medical Access Regulations to let people legally get, possess and grow marijuana if they have a licence supported by a medical doctor.
