Jacob Redmond
Well-Known Member
A provincial court judge has criticized a "bureaucratic bungle" created by the Conservative government and Health Canada when the country's medical marijuana rules were changed.
But, Judge Roy Dickey said on Tuesday, March 17, despite his sympathy for the plight of a medical marijuana user whose plants were seized by the RCMP, he cannot rule they must be returned.
Henry Rhode made an application in Kamloops provincial court for the return of 10 marijuana plants seized from his Yew Street apartment on the North Shore.
Mounties were called to the building to investigate a complaint of a disturbance in June 2014 when a Mountie spied Rhode's plants.
His licence to grow medical marijuana for personal consumption had expired four months before and the licence was connected to a different unit in the same building.
"Mr. Rhode's licences were not valid at the time the marijuana was seized," Dickey said. "Mr. Rhodes was also not growing at the approved site."
RCMP seized the plants, but did not arrest Rhodes and he was never charged.
Despite his ruling, Dickey told Rhode he sympathizes his predicament.
"Clearly, it is a bureaucratic bungle when they put in new legislation and left people like you out to dry – that's unfortunate," Dickey said before advising Rhode to get his licence back.
"Your hands are tied. You have to do what the law says."
The Conservative government introduced new law requiring those with permits to grow medical marijuana to instead purchase from an approved commercial supplier.
Kamloops lawyer Shawn Buckley, who was not involved with the case and is not familiar with Rhode's file, said a pending Federal Court decision may better determine the rights of those who continue to grow marijuana for personal need.
He said Rhode may be in a position to re-apply to have his licence from Health Canada reinstated.
"It's so grey right now."
In an interview outside the courtroom, Rhode - a retired stonemason and bricklayer - said the price to purchase from an approved medical marijuana commercial supplier is too high.
"I can't afford it – it's $8 a gram," he said.
Rhode, who suffered a brain injury in 2007, said he reduces marijuana bud to an oil form, which he consumes in a cookie.
"It's a body stone," he said. "It relaxes you."
Rhode said he will be forced to turn to the illegal market for his supply.
Buckley advised those with a personal permit to grow marijuana to think carefully before experimenting with commercially supplied product because it may jeopardize their own permit to grow.
The lawyer said there is unconfirmed word that "as soon as you buy from a licensed producer, they [Health Canada] yank your licence."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Judge sympathizes, but Kamloops man won't have pot plants returned - Kamloops This Week
Author: Cam Fortems
Contact: Contact Us - Kamloops This Week
Photo Credit: None Found
Website: Covering the community 24/7 - Kamloops This Week
But, Judge Roy Dickey said on Tuesday, March 17, despite his sympathy for the plight of a medical marijuana user whose plants were seized by the RCMP, he cannot rule they must be returned.
Henry Rhode made an application in Kamloops provincial court for the return of 10 marijuana plants seized from his Yew Street apartment on the North Shore.
Mounties were called to the building to investigate a complaint of a disturbance in June 2014 when a Mountie spied Rhode's plants.
His licence to grow medical marijuana for personal consumption had expired four months before and the licence was connected to a different unit in the same building.
"Mr. Rhode's licences were not valid at the time the marijuana was seized," Dickey said. "Mr. Rhodes was also not growing at the approved site."
RCMP seized the plants, but did not arrest Rhodes and he was never charged.
Despite his ruling, Dickey told Rhode he sympathizes his predicament.
"Clearly, it is a bureaucratic bungle when they put in new legislation and left people like you out to dry – that's unfortunate," Dickey said before advising Rhode to get his licence back.
"Your hands are tied. You have to do what the law says."
The Conservative government introduced new law requiring those with permits to grow medical marijuana to instead purchase from an approved commercial supplier.
Kamloops lawyer Shawn Buckley, who was not involved with the case and is not familiar with Rhode's file, said a pending Federal Court decision may better determine the rights of those who continue to grow marijuana for personal need.
He said Rhode may be in a position to re-apply to have his licence from Health Canada reinstated.
"It's so grey right now."
In an interview outside the courtroom, Rhode - a retired stonemason and bricklayer - said the price to purchase from an approved medical marijuana commercial supplier is too high.
"I can't afford it – it's $8 a gram," he said.
Rhode, who suffered a brain injury in 2007, said he reduces marijuana bud to an oil form, which he consumes in a cookie.
"It's a body stone," he said. "It relaxes you."
Rhode said he will be forced to turn to the illegal market for his supply.
Buckley advised those with a personal permit to grow marijuana to think carefully before experimenting with commercially supplied product because it may jeopardize their own permit to grow.
The lawyer said there is unconfirmed word that "as soon as you buy from a licensed producer, they [Health Canada] yank your licence."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Judge sympathizes, but Kamloops man won't have pot plants returned - Kamloops This Week
Author: Cam Fortems
Contact: Contact Us - Kamloops This Week
Photo Credit: None Found
Website: Covering the community 24/7 - Kamloops This Week
