Quebec Judge Calls Halt To Medicinal Pot Trial

[boulder]

Montreal — A judge has halted the drug-trafficking trial of two marijuana activists who were involved in a club that dispensed the drug for medical use. A lawyer who represented the federal government at the trial said Thursday's decision amounts to an acquittal for the accused.

 

"When the judge orders a stay of proceedings, that is tantamount to an acquittal," Robert Marchi said in an interview.

 

Marc-Boris Saint-Maurice, director of the Compassion Club, and Alexandre Neron, who worked at the club, were accused of possession of marijuana and trafficking the drug.

 

The case was watched closely by pro-cannabis and law-enforcement groups because of its implications for the distribution of medicinal marijuana in Canada.

 

Quebec court Judge Gilles Cadieux, who had postponed making a decision on the case about 10 times, said the absence of a legal source of marijuana takes away the right to life and liberty for those who need it.

 

Cadieux also said he wouldn't rule on the constitutionality of marijuana laws.

 

The Crown did not say if it will appeal Cadieux's decision.

 

Saint-Maurice, who said the club reopened three weeks ago, called the judgment a victory.

 

"The prohibition of marijuana for medical purposes is not constitutional," he said outside court.

 

"It's a 64-page judgment, but my preliminary reaction is that we won our case on the level of constitutional arguments on the right to have access to medicinal marijuana. And that's what is important."

 

However, Saint-Maurice noted that the scope of Cadieux's ruling is limited.

 

"The court at this level can't make a judgment that will include all of Canada."

 

Saint-Maurice and Neron were arrested in the fall of 2000 after police raided the club and seized 66 grams of marijuana.

 

Neron said he will not go back to the Compassion Club.

 

"I'm a little bit disappointed with the judgment because we have been working hard on this for three years since were were arrested.

 

"We were waiting for something a little more. But like Pontius Pilate in the Bible, he (the judge) washed his hands and that's it, it's over."

 

Similar clubs operate in other Canadian cities.

 

Source: CTV (Canada)

Published: December 19, 2002