Canada is a little closer to legalizing it, thanks to a decision of the Ontario Superior Court:
Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.
The court declared the rules that govern medical marijuana access and the prohibitions laid out in sections 4 and 7 of the Act “constitutionally invalid and of no force and effect” on Monday, effectively paving the way for legalization.
If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.
The ruling stemmed from the constitutional challenge of Matthew Mernagh, a man who relies on medical marijuana to ease pain brought on by fibromyalgia, scoliosis, seizures and depression.
…Justice Donald Taliano wrote in his decision on Monday that Mr. Mernagh — a well-known marijuana advocate who has been charged for possession and production of marijuana numerous times — has been unable to get a doctor to sign off on a medical marijuana licence.
The decision doesn’t appear to be online yet, but I presume Judge Taliano determined that the offending provisions failed the “minimal impairment” test – that is, whether the infringement of Mernagh’s Charter rights for a valid governmental objective did so as minimally as possible. Don’t be surprised if this one is appealed.