Article by Neil Bowen, Sarnia Observer
Sorting out whether possession of medical marijuana can become a crime remains in the hands of a Sarnia judge following a brief court appearance Monday.
Justice Mark Hornblower said there is a very unique point of law he needs to consider before accepting a man’s guilty pleas to marijuana possession. The issue? Whether involvement of the medical marijuana in another crime makes the possession a crime.
Following short submissions by Crown and defence lawyers, Hornblower adjourned his decision to Oct. 18.
It is believed that 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 marijuana possession.
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 as a medical marijuana user Barr was required to follow regulations including carrying it in a bag labeled by the provider with a statement of the drug’s potency.