court decision

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

Submitted by Jacob Hunter on Tue, 04/12/2011 - 3:14pm
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FOR IMMEDIATE RELEASE
April 12, 2011
COURT STRIKES DOWN MARIJUANA LAWS, GIVES GOVERNMENT 90 DAYS TO FIX CHARTER ISSUES

Click here to read the decision

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.

The basis for the decision was that the government's controversial decision making allopathic physicians the only gatekeepers to patient access created a scheme that was too restrictive and made it too difficult for Canadians to lawfully acquire the medicine. In the Court's words "...it is long past time for the government to provide the medical access to marihuana that was directed by the Parker court over ten years ago..." Parker was a 2000 decision of the Ontario Court of Appeal that gave rise to the MMAR scheme. Read more »

Wisconsin Court Tosses Pot Conviction, Scolds And Fines City

Submitted by Jacob Hunter on Fri, 04/23/2010 - 12:20pm
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By. Steve Elliot, Toke of the Town
A Wisconsin appeals court threw out a man's Grand Chute marijuana conviction Tuesday and soundly scolded the city for its bad behavior, even levying a $200 fine against the city's law firm.
 
The court made its ruling after deciding that the town's possession ordinance includes an exception for medical marijuana that is at odds with state law.
 
In a refreshing turn of events, the Third District Court of Appeals verbally spanked the city for its bad behavior. "We are astonished by the Town's brazen misrepresentations, which are not supported by record citations," the Court of Appeals wrote. Read more »

Taiwan Court decriminalizes prostitution

Submitted by Jacob Hunter on Tue, 02/09/2010 - 10:42am
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By. Central News Agency
How to handle the issue of prostitution is one of the benchmarks used to determine administrators' integrity and guts.

In Taiwan, with a law that allows prostitutes to be punished but not their patrons, underground adult sex transactions have flourished, often in upscale venues under official protection, leaving only old, cheap prostitutes working the lower rungs of society to be caught.

The Justices of the Constitutional Court recently asserted that a provision in the Social Order Maintenance Act allowing prostitutes, but not their patrons, to be punished was unconstitutional, and they ordered that it be invalidated within two years.

The assertion forced the Ma Ying-jeou administration to face the issue -- it must come up with measures in two years not only to revise the law but also establish a set of rules governing adult sex transactions.

As a matter of fact, decriminalizing the sex trade would only be a "small step" in terms of adult sex transaction management in the country.

 Read more »

Medical Marijuana Possession Limits Struck Down in California

Submitted by Jacob Hunter on Fri, 01/22/2010 - 11:01am
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By Jacob Goldstein, Wall Street Journal Blog

California’s state Supreme Court threw out a law that limits how much medical marijuana patients can possess. Here’s the court’s ruling, which was filed yesterday.

The ruling is noteworthy in part because California already had some of the most permissive medical marijuana rules in the country; as we noted recently, the backers of New Jersey’s new medical marijuana law were eager to point out that the drug would be more tightly regulated in their state than in California.

The state’s legislature had passed a law that said patients could have up to eight ounces of dried marijuana could grow as many as six mature or 12 immature plants, the Los Angeles Times says.

Read more »

CA Supreme Court Lets Stand Landmark Medical Marijuana Cultivation Ruling

Submitted by Jacob Hunter on Fri, 09/25/2009 - 11:59am
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Americans for Safe Access, Media Liaison Kris Hermes

Appellate court ruling protects collective cultivation and affirms civil actions by patients

SACRAMENTO, Calif. - September 24 - The California Supreme Court yesterday refused to review County of Butte v. Superior Court, a landmark appellate court ruling that protects the right of medical marijuana patients and their primary caregivers to collectively cultivate. The landmark ruling by California's Third Appellate District Court also affirmed a patient's ability to take civil action when their right to collectively cultivate is violated by law enforcement. The Butte County case involved a private 7-patient medical marijuana collective in Paradise, California. Read more »

Chronic City: Court Says Patients Can Collectively Grow Medical Marijuana

Submitted by Jacob Hunter on Thu, 07/02/2009 - 2:26pm
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By Steve Elliott

Some rural sheriff's departments still haven't really come to terms with the fact that medical marijuana is now legal in California, despite having had since 1996 to adjust to the concept. But in a landmark ruling, an appellate court today protected the right of California medical marijuana patients to collectively cultivate the herb under state law.

The California Third District Court of Appeals issued the 2-1 ruling in the case of County of Butte v. Superior Court, in which seven patients in Paradise, Calif., formed a medical marijuana collective. Read more »

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