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N.S. judge stays pot charges

Source: Canadian Press, 03/31/03

Darmouth, N.S. - Another drug case has ended because of controversy over Canada's marijuana laws.

A provincial court judge in Dartmouth ruled Monday there is no valid federal law in place governing simple possession of marijuana.

Judge Flora Buchan stayed charges against Paula Clarke, who was accused of possessing a small amount of pot.

The judge cited recent cases in Prince Edward Island and Ontario, where similar charges have been stayed.

She said citizens in Ontario and the Island are unlikely to be convicted of simple possession, and people in Nova Scotia deserve equal treatment.

The controversy dates back to 2000, when the Ontario Court of Appeal ruled the drug law violated the rights of a man who needed pot for medical reasons.

The court gave Parliament one year to revamp the law.

Parliament has yet to make the changes and since then, some charges in Ontario and PEI have been stayed even though they did not involve medicinal use.