Search

Recent Articles

Recent Comments


« | Main | »

RESIN CHARGES THROWN OUT by Ted Smith

By Hempology | November 6, 2005

After reading the factum I wrote and transcripts from the conviction of trafficking cannabis resin 1 received from Justice Harvey on Jan 7. 2005 the Department of Justice has decided to concede to my arguments and asked the court to drop the charge against me. The appeal was set to be heard on Jan 26, 2006, but now that dale is going to be used for my appeal against my conviction for trafficking at the University of Victoria where I was caught sharing a few joints. The letter from the federal government is on page 2.

 

Though they only admit that the analyst should have been allowed to be cross examined mid that 1 should be granted another trial, we suspect that the Department of Justice was worried about the full range of arguments that the B.C. Court of Appeal was about to hear. The full factum that I filed is available at   hempology.com. If the case was heard by the B.C. Court of Appeal there was a chance that the Medical Marijuana Access Regulations could have been struck down. The B.C. Court of Appeal is the highest level of court in B.C. and has the power to change or strike down laws, just like Ontario Court of Appeal did in the Hitzig decision (Digest #1).

 

They could have forced Health Canada to include cannabis resin in the MMAR and recognize the right to make simple edible and skin products for medical uses. The court may have recognized that cannabis resin is a naturally occurring substance on the leaf of the plant that is full of the active healing cannabinoids that make cannabis such an effective medicine. For the government to tell the court that making hash from legally grown cannabis is a crime because resin is a manufactured product is inaccurate mid irrational. In some ways it is disappointing that the B.C. Court of Appeal did not get to hear this case.

 

On the other hand, the club has now completed all 4 trials from the police raids and we are free and clear of all 11 trafficking charges that were laid. Not only has lie done a great job for us in court, but Robert .Moore-Stewart has charges the club a fraction of the fees that any other law firm in Canada would have charged for all the cases. However, this appeal against the resin charges was written entirely by myself and to be successful is one of the most rewarding excellences of my life.

Topics: CD-7th, Sum/Fall 2005 | Comments Off

Comments are closed.