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International cannabis COURT DECISIONS.

 
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The GCW
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PostPosted: Wed Dec 17, 2003 2:02 am    Post subject: International cannabis COURT DECISIONS. Reply with quote

Federal Appeals Court OKs Medical Marijuana

http://cannabisnews.com/news/thread17974.shtml

Source: Associated Press
Author: David Kravets, The Associated Press
Published: December 16, 2003
Copyright: 2003 Associated Press

San Francisco -- A federal appeals court ruled today that a law outlawing marijuana may not apply to sick people with a doctor's recommendation in states that have approved medical marijuana laws.
The 9th U.S. Circuit Court of Appeals, ruling 2-1 in a rare late-afternoon filing, said prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal purposes.

``The intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician is, in fact, different in kind from drug trafficking,'' Judge Harry Pregerson wrote for the majority.

The court added that ``this limited use is clearly distinct from the broader illicit drug market, as well as any broader commercial market for medical marijuana, insofar as the medical marijuana at issue in this case is not intended for, nor does it enter, the stream of commerce.''

The decision was a blow to the Justice Department, which argued that medical marijuana laws in nine states were trumped by the Controlled Substances Act, which outlawed marijuana, heroin and a host of other drugs nationwide.

The case concerned two seriously ill California women who sued Attorney General John Ashcroft. They asked for a court order letting them smoke, grow or obtain marijuana without fear of federal prosecution.

The case underscores the conflict between federal law and California's 1996 medical marijuana law, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation.

A U.S. District judge tossed the case in March, saying the Controlled Substances Act barred him from blocking any potential enforcement action against medical marijuana patients Angel Raich and Diane Monson. Today's ruling sends the case back to the district judge.

Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington state have laws similar to California, which has been the focus of federal drug interdiction efforts. Agents have raided and shut down several medical marijuana growing clubs.

The appeals court, the nation's largest, does not have jurisdiction over Colorado and Maine.

The case is Raich v. Ashcroft, 03-15481.

David Kravets has been covering state and federal courts for a decade.

Complete Title: Federal Appeals Court OKs Medical Marijuana in Some Cases

(Cannabis news has a forum after each story)
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Rev. Chazman
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PostPosted: Wed Dec 17, 2003 4:23 am    Post subject: Reply with quote

Well the decision is a victory for those in need. Its a good start. The government is indeed trying to take away rights... but if we can continue to win in the courts then there is hope. And as every offense against the people becomes more well known by main stream america then change may be soon.

peace
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The GCW
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PostPosted: Wed Dec 17, 2003 11:39 pm    Post subject: Reply with quote

Canadian Supreme Court to Rule on Pot Cases (Big news)

Ottawa -- Decriminalization of marijuana, an issue pushed to the political back burner by the departure of Jean Chrétien and the arrival of Prime Minister Paul Martin, is about to be catapulted back into the headlines by the Supreme Court of Canada.

The court announced today that it will rule next week on a trio of cases in which the key question is whether federal law violates the Charter of Rights by mandating criminal penalties, including potential jail time, for possession of small amounts of pot.

Whichever way the judgment goes, it seems sure to reignite the debate that heated up this year when the Chrétien government brought in legislation to decriminalize simple possession.

The bill died on the House of Commons order paper when Chrétien called an end to the fall parliamentary session last month.

Martin Cauchon, then justice minister, expressed hope that Martin will reintroduce the legislation.

The new prime minister has said in the past that he favours decriminalization in principle. But he has also been mindful of conflicting opinions among Liberal backbenchers and suggested the matter needed further debate.

Martin has not said, since he took power a week ago, whether he will revive the bill when Parliament resumes in the new year.

The Supreme Court will deliver its opinion next Tuesday.

Source: Canadian Press
Author: Jim Brown
Published: December 17, 2003

http://cannabisnews.com/news/thread17985.shtml
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PostPosted: Thu Dec 18, 2003 3:27 pm    Post subject: Reply with quote

BIG DAY COMING UP IN CANNADA.



Actual bulletin from SCC

SUPREME COURT OF CANADA -- JUDGMENTS TO BE RENDERED IN APPEALS
OTTAWA, 17/12/03. THE SUPREME COURT OF CANADA ANNOUNCED TODAY THAT JUDGMENT IN THE FOLLOWING APPEALS WILL BE DELIVERED AT 9:45 A.M. ON TUESDAY, DECEMBER 23, 2003.

FROM: SUPREME COURT OF CANADA (613) 995-4330

COUR SUPR E DU CANADA -- PROCHAINS JUGEMENTS SUR APPELS

OTTAWA, 17/12/03. LA COUR SUPR E DU CANADA A ANNONC AUJOURD'HUI QUE JUGEMENT SERA RENDU DANS LES APPELS SUIVANTS LE MARDI 23 D EMBRE 2003, 9 h 45.

SOURCE: COUR SUPR E DU CANADA (613) 995-4330

1.David Malmo-Levine v. Her Majesty the Queen (Crim.) (B.C.) (28026)

2.Victor Eugene Caine v. Her Majesty the Queen (Crim.) (B.C.) (28148)

3.Christopher James Clay v. Her Majesty the Queen (Crim.) (B.C.) (28189)

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28026David Malmo-Levine v. Her Majesty The Queen

Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 4 - Whether the Court of Appeal erred in characterizing the harms that may come with cannabis use as inherent, instead of a product of mis-cultivation, mis-distribution and mis-use - Did the Court of Appeal fail to address the issue of whether the harm principle applies to growers and dealers of cannabis who arguably play an essential role in cannabis harm reduction? - Whether the Court of Appeal erred in not considering the principle of equality found in s. 15 of the Charter as it applies to substance orientation and in not applying equality to every producer and distributor of stimulants and relaxants, whether bean, grape, herb or otherwise.

The Appellant was a self-described marihuana / freedom activist. Beginning in October 1996, he helped operate an organization in East Vancouver known as the Harm Reduction Club which was a co-operative, non-profit association of its members. The stated object of the Club was to educate its users and the general public about marihuana and provide unadulterated marihuana to its users at Club cost. The Club had approximately 1800 members.

The Club purported to educate its members on a wide variety of safe smoking habits to minimize any harm from the use of marihuana. Members were required to sign a pledge not to operate motor vehicles or heavy equipment while under the influence of the substance.

On December 4, 1996, police entered the premises of the Club and seized 316 grams of marihuana, much of it in the form of jpints. The Appellant was charged with possession of marihuana for the purpose of trafficking contrary to s. 4 of the Narcotic Control Act and was convicted. At trial, the Appellants application to call evidence in constitutional challenge was dismissed. On appeal, the majority of the Court of Appeal dismissed the appeal. Prowse J.A. dissenting declined to make a finding with respect to the constitutional validity of s. 4(2) of the Narcotic Control Act. On March 15, 2001, leave to appeal to the Supreme Court of Canada was also granted.

Origin of the case: British Columbia

File No.:28026

Judgment of the Court of Appeal:June 2, 2000

Counsel: David Malmo-Levine/John W. Conroy Q.C. for the Appellant

S.D. Frankel Q.C. for the Respondent

----------------------------------------------------------------------------

28148 Victor Eugene Caine v. Her Majesty The Queen

Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N-1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II, Controlled Drugs and Substances Act, S.C. 1996, c. 19), infringes s. 7 of the Canadian Charter of Rights and Freedoms - If the answer is in the affirmative, is the infringement justified under s. 1 of the Charter? - Whether the prohibition is within the legislative competence of the Parliament of Canada as being a law enacted for the peace, order and good government of Canada pursuant to s. 91 of the Constitution Act, 1867; as being enacted pursuant to the criminal law power in s. 91(27) thereof; or otherwise.

During the late afternoon of June 13, 1993, two R.C.M.P. officers were patrolling a parking lot at a beach in White Rock, B.C. They observed the Appellant and a male passenger sitting in a van owned by the Appellant. The officers observed the Appellant, who was seated in the drivers seat, start the engine and begin to back up. As one officer approached the van, he smelled a strong odour of recently smoked marihuana.

The Appellant produced for the officer a partially smoked cigarette of marihuana which weighed 0.5 grams. He possessed the marihuana cigarette for his own use and not for any other purpose.

The Appellants application for a declaration that the provisions the Narcotic Control Act prohibiting the possession of marihuana were unconstitutional was denied. On appeal, the appeal was dismissed.

Origin of the case: British Columbia

File No.:28148

Judgment of the Court of Appeal:June 2, 2000

Counsel: John W. Conroy Q.C. for the Appellant

S.D. Frankel Q.C. for the Respondent

----------------------------------------------------------------------------

28189 Christopher Clay v. Her Majesty The Queen

Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N-1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II, Controlled Drugs and Substances Act, S.C. 1996, c. 19), infringes s. 7 of the Canadian Charter of Rights and Freedoms - If the answer is in the affirmative, is the infringement justified under s. 1 of the Charter? - Whether the prohibition is within the legislative competence of the Parliament of Canada as being a law enacted for the peace, order and good government of Canada pursuant to s. 91 of the Constitution Act, 1867; as being enacted pursuant to the criminal law power in s. 91(27) thereof; or otherwise.

The Appellant was convicted of possession of cannabis sativa, two counts of possession of cannabis sativa for the purpose of trafficking and one count of trafficking in cannabis sativa, contrary to the Narcotic Control Act. The Appellant challenged the constitutionality of the cannabis prohibitions in the Narcotic Control Act on the basis that they violated his rights under s. 7 of the Charter and that the regulation of marijuana was not within federal jurisdiction. He also argued that the Crown had failed to prove that the substances seized from him were prohibited narcotics as defined by the Act. An analyst called by the Crown testified that a substance certified as cannabis (marijuana) must contain two of four target cannabinoids and that it is not necessary that one of these be tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana. The analyst could not say that the seized substances contained any THC. The trial judge dismissed the Appellants constitutional challenge and found that the Crown had proven the offences. The Appellants appeal from his convictions was dismissed.

Origin of the case: Ontario

File No.: 28189

Judgment of the Court of Appeal:July 31, 2000

Counsel: Paul Burstein for the Appellant

Morris Pistyner for the Respondent
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The GCW
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PostPosted: Sun Dec 21, 2003 2:57 pm    Post subject: Reply with quote

(Vice Pres.) Al Gore's Son Arrested for Pot Possession

http://cannabisnews.com/news/thread18010.shtml

(with a forum after the article)

This may bring up a future court verdict that will be important.


420


And remember that time in Cannada next Tuesday is 9:45... what is it Ontario time???

That Cannadian ruling could end cannabis prohibition in Cannada at the sound of the judge.

Cannablis.

The Green Collar Worker
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PostPosted: Tue Dec 23, 2003 12:01 pm    Post subject: Reply with quote

It is countdown time! There are about 2.5 hours left till We start to hear the Cannadian Supreme Court decission.

Let's watch to see if the Canadian Supremes end cannabis prohibition as We know it, in Cannada.
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The GanjaCat
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PostPosted: Tue Dec 23, 2003 12:48 pm    Post subject: Reply with quote

I'm having to chain-toke, the tension is so high

(OK, but it's a good excuse!)
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PostPosted: Tue Dec 23, 2003 4:14 pm    Post subject: Reply with quote

Canada: news about the Canadian Supreme Court ruling.


Law Banning Possession Does Not Violate Charter http://cannabisnews.com/news/thread18027.shtml

Supreme Court Upholds Marijuana Law http://www.cannabisnews.com/news/18/thread18028.shtml

Pot Laws Don't Breach Charter: Supreme Court http://cannabisnews.com/news/thread18029.shtml
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Rev. Chazman
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PostPosted: Tue Dec 23, 2003 7:54 pm    Post subject: Reply with quote

Well damn Crying or Very sad
_________________
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Dont blame me... I voted for Kerry!! And so did my home state.
***********************
THC-Ministry "we use Cannabis religiously and you can to" http://www.thc-ministry.org/
***********************
Take nothing but memories, Leave nothing but footprints.
CDXX Peace Time IV:XX ** Rev.Chazman-Cannabis Sacrament Minister
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The GanjaCat
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PostPosted: Tue Dec 23, 2003 8:05 pm    Post subject: Reply with quote

With the pressure being put on Canada bt guess who... the good 'ole Bush administration, it's no surprise that the court chickened out.

This battle needs taken to the heartland of the enemy. We have no chance for global freedom until there is a genuine legaliser in the white house.
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PostPosted: Tue Dec 23, 2003 8:44 pm    Post subject: IT'S TILL ILLEGAL IN CANADA Reply with quote

TORONTO - Canada’s top court ruled Tuesday to keep marijuana possession illegal, dealing a blow to activists who had argued the drug causes no serious harm.

In a 6-3 decision spanning 400 pages, the Supreme Court of Canada ruled that trafficking and possession, even in small amounts, would remain a criminal offense. The judgment prompted praise from law enforcement groups and disappointment from proponents of legalization.

“My huge patriotism may slowly be dissipating. I have a lot of faith in my country, in freedom and justice, but it doesn’t seem like we have a whole lot of that left,” said Dominic Kramer, a marijuana activist who runs a store that sells hemp products and paraphernalia in Toronto.

Tony Cannavino, president of the Canadian Police Association, welcomed the decision but expressed concern over a proposed bill by Prime Minister Paul Martin that would soften penalties for pot possession. He said marijuana growing seemed to be on the rise.

“We have more and more ‘grow ops’ across the country,” he told reporters in Ottawa. “You wouldn’t see that 10 years ago.”

Constitutional rights questioned
A key question in the Supreme Court decision was whether Parliament has the constitutional right to punish marijuana possession, given the lack of proven serious harms from its use.

The high court examined three cases involving two pot activists and one man who was caught smoking. All three failed to persuade lower courts that the pot law is unconstitutional.

Defendant David Malmo-Levine took a hit of hash last May before arguing his case in person at the high court while dressed head-to-toe in clothes made of hemp cloth. He once ran the Harm Reduction Club, a non-profit cooperative in Vancouver that offered advice on safe marijuana use while supplying it to some 1,800 members.

Another case centered on Christopher Clay, who ran the Hemp Nation in London, Ontario, a store he started with a government loan. He sold marijuana seeds and seedlings in a deliberate challenge to the law.

Last week Martin said he planned to reintroduce a bill, first proposed under former Prime Minister Jean Chretien, that would wipe out potential jail time and criminal records for those convicted of marijuana possession.

The bill did not legalize the drug, and maintained or increased already stiff penalties for large-scale growers and traffickers. It made possession of less than 15 grams of pot a minor offense punishable by fines of $100 to $400, much like traffic tickets.

Critics said 15 grams, the equivalent of roughly 15 to 20 jpints, was too much to equate with casual use.

But the legislation died when Parliament adjourned last month to give Martin a fresh start in January.
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thcbongman
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PostPosted: Tue Dec 23, 2003 11:11 pm    Post subject: Reply with quote

I don't think the ruling will have any effect on the pro-cannabis movement. The ruling was only for whether the criminalization of pot was constitutional. That's it. Now wait until next year when decriminalization moves to the courts, i'm sure we'll get a more favorable ruling Smile
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PostPosted: Sat Feb 07, 2004 4:21 pm    Post subject: Reply with quote

In case You didn't know about this news, I am sending a heads up. Please report this story to Your local news papers to print.

Court Tells DEA it Cannot Regulate Naturally-Occurring THC in Hemp Food Landmark Decision Opens Way for Expansion of Hemp Food Industry

http://cannabisnews.com/news/thread18308.shtml

This news effects health food stores that sell hemp food products along with all Americans. Perhaps suggesting Your local news papers printing this news with local merchants in mind would be nice.

More on this issue that has just come out.

Appeals Court Rejects DEA Bid To Outlaw Hemp Foods

http://cannabisnews.com/news/thread18306.shtml



Appeals Court Limits Ban on Hemp Products

http://cannabisnews.com/news/thread18313.shtml

Bakery Breathes Easier with Looser Hemp Policy
http://cannabisnews.com/news/thread18312.shtml

Makers of Hemp Foods Win Legal Victory

http://cannabisnews.com/news/thread18311.shtml



US MN: Minneapolis Bakery Breathes Easier With Looser Hemp Foods Policy

http://www.mapinc.org/drugnews/v04/n233/a08.html?397

420

Democratic U.S. Presidential nominee Dennis Kucinich’s plantform includes, decriminalizing cannabis and regulating it like alcohol. This is more relevant today in light of the Friday February 6, 2004, 9th Federal Circuit Court ruling, (finally) Rejecting the DEA’s attempt To Outlaw Hemp Food products.



If Kucinich’s plantform allows citizens to grow a few cannabis plants with THC, then it stands to reason American farmers may grow hemp with out THC. It is time to reintroduce hemp as a component of American Agriculture. This issue is important when we consider that cannabis prohibition is the Biblical root of many problems facing earth today. Biblically discredited cannabis prohibitionists must be controlled like the plague and Kucinich is the true grass roots effort to do just that.
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