Pubdate: Thu, 07 Jan 2016
Source: StarPhoenix, The (CN SN)
Copyright: 2016 The StarPhoenix
Contact:  http://thestarphoenix.com/
Details: http://www.mapinc.org/media/400
Author: Hannah Spray
Page: A1

MARIJUANA DERIVATIVE CHARGES DROPPED

The Crown has dropped multiple charges against four Saskatoon 
residents who were arrested after a high-profile medical marijuana 
dispensary bust.

On Wednesday in Saskatoon provincial court, all charges relating to 
marijuana derivatives, such as oils, were withdrawn against Mark 
Phillip Hauk, Lane Anthony Britnell, Jaime Michelle Hagel and Carson 
Jocelyn Ramsay. Hauk, the owner of the Saskatchewan Compassion Club 
dispensary, and the three employees were arrested Oct. 29 after 
Saskatoon police raided the small shop in the 200 block of Second 
Avenue North. They are out on bail and still face four criminal 
charges relating to trafficking dried marijuana and possession of the 
proceeds of crime.

Crown prosecutor Janelle Khan explained outside court that the Crown 
decided to drop the marijuana derivative-related charges after 
analyzing them in the context of the Supreme Court of Canada's 
decision last year in R. v Smith. In that ruling, the top court 
expanded the definition of medical marijuana beyond just dried 
marijuana, making the possession of derivatives legal.

"It was not illegal for the defendants, at the time of the incidents, 
to be in possession of the marijuana derivatives because we've 
confirmed they all have valid medical marijuana authorizations," Khan said.

That would not hold true today, however, Khan said.

"Currently, the federal Crown takes the position that anyone with a 
medical marijuana authorization should be going to a licensed 
producer," she said. "But at the time of the arrest of the 
defendants, there was no licensed producer that had a licence to sell 
medical marijuana derivatives."

There are now three licensed producers, all based out of Ontario, 
according to Khan.

Hauk's lawyer, Kirk Tousaw, who also represented Owen Smith in the 
Supreme Court case, said he thinks the dropped charges show the Crown 
recognizes the current medical marijuana system is unconstitutional.

"The dropping of the charges is, frankly, a recognition of the 
validity of the efforts of compassion clubs throughout this country 
in assisting patients with obtaining access to a reasonable, safe and 
adequate supply of medicine for their serious, critical and chronic 
illnesses," he said. "I think that's something that most Canadians 
support, and most Canadians would not want to see their money spent 
prosecuting people like Mr. Hauk, who are helping patients improve 
their quality of life."

Tousaw said the prosecution of Hauk and the three others "seems an 
absolute waste of taxpayer dollars" at a time the federal government 
is moving toward legalization.

The Crown dropped three trafficking-related charges that all four 
were co-accused on, leaving three trafficking charges and one charge 
of possessing the proceeds of crime.

The Crown also dropped further trafficking charges and a charge of 
producing marijuana resin that Hauk and Britnell faced.
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MAP posted-by: Jay Bergstrom