Pubdate: Thu, 19 Oct 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: A1 MIX OF MEDICIAL AND ILLEGAL POT BRINGS FINE After admitting the medicinal pot in his possession had been illegally supplemented by some non-medicinal pot, a Sarnia man again pleaded guilty Wednesday to drug possession - but to a different judge. These "additional facts" temporarily put to rest a legal conundrum and likely a Canadian first - whether a lawful prescription becomes unlawful due to use - that delayed a decision on the drug possession charge originally expected in August. Anthony Francis Barr, 27, of St. Clair Township near Sarnia, had previously pleaded guilty to both driving while impaired and to possessing marijuana. While convicted and fined $1,000 for the impaired driving charge by Justice Mark Hornblower, Barr's prescription for marijuana to deal with an anxiety condition made the possession charge hazier. On Wednesday, Hornblower cleared up his position on this point of law, finding the marijuana possession lawful and rejecting Barr's guilty plea. In his ruling, Hornblower cited a Supreme Court decision regarding a credit card that found there was no reason the possession of items cannot become unlawful when involved in a crime. In that case, however, the defendant never had lawful possession of the card while Barr had lawful possession of the marijuana, Hornblower said. But federal prosecutor Michael Robb questioned if all of the marijuana found in Barr's possession had been legally obtained. While current regulations require medical marijuana to be kept in a supplier-labelled bag, Barr had 18 grams of marijuana in three unlabelled bags. "There is a case to be made about the source," said. Robb, who called for a trial Because of Robb's contention there was an evidentiary basis for the charge, Hornblower agreed the case must proceed but recused himself. Because Barr wanted to resolve the charge immediately, the case was transferred to a different courtroom and a different judge. Barr pleaded guilty before Justice Deborah Austin. As Barr entered the plea, he acknowledged he had supplemented his prescription marijuana through an unlawful source. "It is not right," said Barr, referring to a public perception that medical marijuana use made him an addict. Austin imposed a $100 fine because of the marijuana's association with Barr's impaired driving. During Barr's previous appearance in August, Robb had acknowledged he had no case law supporting the contention that possession of the marijuana became illegal because Barr was using it as he drove. The new marijuana legislation for Ottawa's planned legalization of recreational pot use, starting a little less than a year from now, considers the legality of marijuana in such circumstances just like that of alcohol, Robb said at the time. Transporting sealed booze in a vehicle is legal, but having open alcohol - and consuming it - as you drive, are not. On April 12, Barr was driving on the St. Clair Parkway south of Sarnia when he passed five vehicles while approaching a curve. Barr's vehicle was stopped by concerned OPP officers, who smelled fresh and burnt marijuana in the vehicle. Barr told officers he'd smoked two bowls of marijuana since leaving work 30 minutes before he was stopped. Barr's prescription allowed him to use between 1.5 and three grams daily. - --- MAP posted-by: Matt