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Court Dismisses 'Compassion' Argument On Pot
Pubdate: Thu, 23 Feb 2006
Source: Canadian Broadcasting Corporation (Canada Web)
Copyright: 2006 CBC
Contact: http://www.cbc.ca/
Details: http://www.mapinc.org/media/1412
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
COURT DISMISSES 'COMPASSION' ARGUMENT ON POT APPEAL
New Brunswick Court of Appeal rejected Thursday a Saint John woman's
argument that she was running a "compassion club" for medicinal
marijuana users.
However, the province's high court will still consider Lynn Wood's
appeal of her marijuana trafficking conviction, albeit on other grounds.
Lynn Wood was convicted in February 2005 of trafficking marijuana,
and was sentenced to a term of one year in prison.
The trial judge said she was running a sham compassion club because
she sold marijuana to a teenager and an undercover police officer.
Wood's lawyer, Margaret Gallagher, appealed on the grounds that there
are no rules for compassion clubs in Canada.
The three judges of the appeal court threw that argument out Thursday.
The judges said the lawyer for the Crown did not even need to respond to it.
The federal justice department was so concerned that the appeal could
have an impact on medicinal marijuana laws that it sent a lawyer to intervene.
The judges' decision meant the federal lawyer did not even have to
put forward an argument.
The judges, however, will consider another aspect of Wood's appeal:
that the trial judge failed to give sufficient reasons for convicting
her of trafficking.
The judges will also consider whether she can serve her one-year
sentence out of jail.
Wood has been ordered to reappear before the appeal court on June 20.
Wood remains free on bail.
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