Important Update:

Court still prohibits marijuana possession

Shannon Kari, National Post
December 11, 2008

The prohibition against simple possession of marijuana has been upheld by an Ontario Superior Court judge, in a closely watched case that stemmed from the prosecution of Clifford Long, who was arrested by Toronto police with $40 worth of cannabis.

Justice Eva Frank overturned a decision by a lower court judge last year that found there was no valid restriction against possession of cannabis because of flaws with the country's medical marijuana regulations.

The lower court decision led to confusion about prosecuting simple possession cases in Ontario, said the federal government in its arguments before Judge Frank earlier this year.

The federal Crown argued that the present policies of Health Canada have resulted in enough marijuana for the nearly 2,000 people with medical certificates to possess the drug.

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With the Courts Striking Down the Federal Government's Monopoly on Supplying Medical Marijuana, Private Growers Are Bullish on Pot's Commercial Potential

Eric Nash can barely contain his excitement waiting to hear from Health Canada whether he can start growing marijuana for 250 patients now that the Federal Court of Appeal has struck down the government's monopoly on supplying medical marijuana. 

That would be just the start.  He says there are tens of thousands more who are ailing across the country, clamouring for his organic B.C.  bud. 

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Read the decision of the Mathew Berens court case at:

http://www.courts.gov.bc.ca/jdb-txt/SC/09/04/2009BCSC0429.htm