Marijuana Possession Legal in British Columbia

Tags:
BC follows Ontario and tosses pot laws

On September 4, 2003, following rulings in Ontario, a British Columbia Provincial Court declared there to be no marijuana possession law in effect.
The entire judgement is at: www.provincialcourt.bc.ca/judgments/pc/2003/03/p03_0328.htm

But this is the essence:

Citation:
R v. Masse
Date:
2003 09 04

2003 BCPC 0328
File No:
62876-1
Registry: New Westminster

IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

Criminal Division

REGINA
v.
KURTIS LEE MASSE

REASONS FOR JUDGMENT

OF THE

HONOURABLE JUDGE P. CHEN

[1] Kurtis Lee Masse stands charged on information 62876-1, that on or about the 21st day of February, 2003 at or near the City of New Westminster, he did unlawfully possess a controlled substance, to wit: Cannabis (marihuana), contrary to Section 4(1) of the Controlled Drugs and Substances Act. This is an application pursuant to section 601 of the Criminal Code of Canada to quash the information on the ground that it does not name an offence known to law as required by section 581(1) of the Code.

[2] The issue before me is simply this; is possession of cannabis (marihuana) an offence known to law in British Columbia?

[snip]

Disposition

[67] It follows therefore, that there is no offence known to law at this time for simple possession of marihuana. The application is allowed.

Regina v. Masse

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