Pubdate: Thu, 13 Feb 2014
Source: Kamloops This Week (CN BC)
Copyright: 2014 Kamloops This Week
Contact:  http://www.kamloopsthisweek.com/
Details: http://www.mapinc.org/media/1271
Author: Cam Fortems

CONSTITUTIONAL CHALLENGE BEGINS

A lawyer acting for the proprietor of a Kamloops marijuana compassion
club raided by RCMP in November 2011 has filed a constitutional
challenge against the law, arguing it prevents those prescribed
medical marijuana from accessing a safe and tested drug.

The constitutional challenge has been filed in provincial court in the
case of Carl Anderson and Wesley Jenkins, both of whom face charges of
possession of a controlled substance for the purpose of trafficking
after police found about three kilograms of pot on the premises.

The challenge is slated to be heard in provincial court on March
3.

The trials of the two men begin on Monday, Feb. 17.

"Every other plant is governed by the Food and Drug Act regulations,"
said lawyer Shawn Buckley.

However, marijuana is lumped in under the Controlled Drug and
Substances Act, which forbids its testing and sale.

The constitutional challenge argues the act violates section 7 of the
Canadian Charter of Rights and Freedoms, the section that guarantees
Canadians the right to life, liberty and security of the person.

Buckley argues Canada's marijuana laws violate the security of person
because it puts patients who require medicinal marijuana at risk -
there is no practical way to test its safety nor complex chemical
requirements without assistance and expertise of compassion clubs.

The document outlines Anderson's experiences with medical marijuana
and his persecution by police, which on one occasion raided and seized
marijuana from his legal grow-op licensed by Health Canada.

Anderson suffered a head injury in 1997.

The court document states efforts by physicians to medicate him were
ineffective and caused depression. That resulted in constant pain and
suicidal thoughts.

"Mr. Anderson began experimenting with marihuana and marihuana
derivatives to find a way to manage this pain while at the same time
being sober and coherent . . . He stopped taking pharmaceutical drugs
for pain   . . . He was no longer suicidal," the court document states.

When Kamloops RCMP erroneously raided the legal grow-op at Anderson's
home in 2009, police deprived him of his marihuana and caused him
stress, the court document alleges, noting that resulted in Anderson's
colitis going out of control.

He twice required surgery, including removal of his colon and a repair
to his leaky digestive tract.

Following that raid, Anderson formed the Canadian Safe Cannabis
Society.

Beforehand, the court document states, he had purchased pot that was
mouldy or didn't contain the chemical ingredients he needed to control
his disease.

Anderson was also robbed when he purchased pot from a drug
dealer.

Anderson's compassion club on Tranquille Road in North Kamloops was
testing and supplying marijuana to those licensed by Health Canada to
possess marihuana or who "had demonstrated through their doctors a
medical need," the court document notes.

Buckley said Canada's laws work two ways: All drugs and supplements -
other than marijuana - require strict testing.

If it's not done, those who produce it face legal action.

But, for marijuana, that testing brought the raid by the RCMP and
charges against the two men.

"If the law causes illegal behaviour, if that person must break the
law to protect their health, then the law violates the principles of
fundamental justice," the challenge argues.

Buckley has also challenged the right of police to obtain a search
warrant to raid the compassion club, arguing it violated the men's
Charter rights.

The challenge is being heard in provincial court, something Buckley
said is a disappointment because it means an additional appeal step if
the judge's decision is argued by either losing side.
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MAP posted-by: Matt