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R v Long


Guest niall

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R v Long appeal decision was just announced, the decision was overturned on appeal. In a nutshell this means that the lower Courts have not accepted that Canada's cannabis laws have indeed fallen and have not been in operation since 2003. I haven't read the decision yet and still waiting for more detailed analysis on http://www.thepotlawhasfallen.ca/ in the next 24 hours.

 

PDF of the decision is attached.

Long_Reasons_for_Judgment_Dec8.08.pdf

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That's a pity.

I can't see how the government were fulfilling their obligations when they were the only ones(using Prairie Plant Systems) supplying medicinal cannabis (and I use the term medicinal cannabis loosely as the pot produced in that infamous Manitoba mineshaft is suppossedly stalky, seedy, spindly, overpriced crap) if the other recent ruling has overturned their monopoly and allowed others to acquire medical grow permits? :D

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Looks like Judge Frank found Long to be in too different a scenario to take advantage of the Sfetkopolous decision, and there was no evidence or fact presented that Long was a medical user who was unable to access cannabis via the MMAR. This case seems to be a dead-end now.

 

The good news is the Beren case (Vancouver Island Compassion Society) is taking full advantage of the Sfetkopolous decision and revised written and oral arguments are being presented December 22nd with a decision expected late January or February. There's also another couple of cases in progress, good overview where things are at from Kirk Tousaw here:

 

http://www.youtube.com/watch?v=MUQfFC8ZDdA

 

The whole situation has been described as a house of cards, it's just a matter of asking the right question, with the right defendant, in the right Court.... and then it's all over nation-wide.

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