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 On Wednesday in Saskatoon provincial court, all charges relating to marijuana derivatives, such as oils, were withdrawn against Mark Phillip Hauk, Lane Anthony Britnell, Jaime Michelle Hagel and Carson Jocelyn Ramsay.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. - --- MAP posted-by: Jay Bergstrom