Pubdate: Thu, 22 May 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: Tim Petruk Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) CROWN DROPS CHARGES AGAINST POT DISPENSARY Charges against the owner of a Kamloops marijuana dispensary that was raided by police in 2011 have been dropped by the Crown - a move the accused's lawyer said is designed to stop a constitutional challenge of Canada's pot laws that was slated to take place later this year. In Kamloops provincial court on Wednesday, May 21, federal Crown prosecutor Lesley Ann Kilgore stayed all counts against Carl Anderson and Wesley Jenkins. "I think they were in a bind," said Shawn Buckley, the defence lawyer representing Anderson. "They realized we were going to get a strong decision from the court." Anderson and Jenkins were charged with possession of a controlled substance following the November 2011 raid of Anderson's Canadian Safe Cannabis Society storefront on Tranquille Road. In April, a provincial court judge ruled Buckley's challenge of the constitutionality of Canada's pot laws could proceed. In court on Wednesday, Kilgore said the decision to drop the charges was based on two factors - the likelihood of conviction and public interest. "Prior to this decision being made, consultation with the various agencies involved in this prosecution has occurred and we have taken into account the specific circumstances of this case and the changing landscape of the law in relation to medical marijuana resulting from ongoing litigation before our higher courts," she said, specifically referencing the "relatively small" amount of marijuana seized and the fact Anderson and Jenkins were selling to people with licences or references from physicians. "We, therefore, have concluded that it is no longer in the public interest to pursue this prosecution and direct a stay of proceedings." Now that the Crown has stayed all charges, Anderson's challenge - which would have been under Section 52 of the Constitution Act - has no way of proceeding. Section 52 states: "The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect." Anderson's argument was that Canada's marijuana laws are not consistent with what is set forth in the Constitution - namely Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees Canadians the right to life, liberty and security of the person. Buckley expected to argue Canada's marijuana laws violate the security of person because they put patients who require medicinal marijuana at risk as there is no practical way to test its safety nor complex chemical requirements without assistance and expertise of compassion clubs. At Canadian Safe Cannabis Society, he said, Anderson and other staff have knowledge and experience in testing marijuana and can ensure their clients they know what is in their product. Buckley expected Anderson to testify during the constitutional challenge, along with members of the compassion club and expert witnesses. "I can honestly say I was really disappointed," Buckley said of the charges being dropped. "Usually, we're quite pleased when the Crown says it's going to drop charges." There's still one unresolved issue in the case - $500 that was seized by police during the raid. "In the Crown's position, it would be proceeds from illegal sales," Kilgore said. Kamloops provincial court Judge Stella Frame said the Crown can't have it both ways - but she'll hear arguments anyway. "If the Crown is staying these charges, I don't know how that application could possibly proceed," she said. "But, as you say, you'll have your hearing." Lawyers will meet on May 29 to fix a date for that hearing. - --- MAP posted-by: Jay Bergstrom