Pubdate: Tue, 26 Sep 2017 Source: Observer, The (CN ON) Copyright: 2017, Sarnia Observer Contact: http://www.theobserver.ca/letters Website: http://www.theobserver.ca Details: http://www.mapinc.org/media/1676 Author: Neil Bowen Page: A2 JUDGE ADJOURNS MEDICAL POT RULING Sorting out whether possession of medical marijuana can become a crime remains in the hands of a Sarnia judge after a brief court appearance Monday. Justice Mark Hornblower said there is a unique point of law he must be satisfied with before accepting a man's guilty pleas to marijuana possession. The issue is whether involvement of the medical marijuana in another crime makes the possession a crime. After short submissions by Crown and defence lawyer, Hornblower adjourned his decision to Oct. 18. It is believed the decision will be a first in Canada. Anthony Francis Barr, 27, of St. Clair Township near Sarnia, pleaded guilty in August to driving while impaired by marijuana and possessing marijuana. Barr had a prescription for marijuana to deal with an anxiety condition. Barr's prescription allowed him to use between 1.5 and three grams daily. In August, Barr was convicted and fined $1,000 for impaired driving, leaving the marijuana charge. Federal prosecutor Michael Robb said Monday that Barr, as a medical marijuana user, was required to follow regulations including carrying it in a bag labelled by the provider with a statement of the drug's potency. Eighteen grams of marijuana were found in an unlabelled bag after Barr's vehicle was stopped. Therefore, Barr was not permitted to have it in his possession, Robb said. Evidence of the bag's labelling was not before the court at the time of Barr's plea and should not be considered by the court, said defence lawyer David Burns. At the time of Barr's plea, Hornblower raised the issue of whether the plea was appropriate in light of the prescription. The judge said his Oct. 18 decision will focus on that issue. If Hornblower accepts the plea, Barr's sentencing will be the next consideration. If Hornblower rejects the plea, the case may have to be decided by another judge. The federal Liberal government has pledged to legalize possession of small amounts of marijuana for personal use by July 2018. - --- MAP posted-by: Matt