The long drawn out wait for justice is finally taking another step. On Monday June 21 trial dates will be set to determine if I’m guilty or innoncent of production of a substance 7(2)(B) CDSA. What’s that you ask? I was charged with growing marijuana for myself on Apr. 30, 2008. After Niagara Regional Police Service inadverently discovered where I lived. According to their pre-trial testimony.
My defense lawyer Paul Lewin has devised a unique complicated criminal defense. We’re asking a judge to exempt me from this section of the controlled drugs and substance act. Written into the CDSA is an exemption clause.
Epileptic Terry Parker has an exemption to possess marijuana.
When we win I’ll have an exemption to grow marijuana.
It’s a great case of individual freedom.
In the privacy of my home I grew medicinal marijuana to treat an illness. The state by prohibiting this activity is actually interfering with my ability to control my chronic pain and seizures. Making me dysfunctional and disabled without my $70,000 in medicinal marijuana.
Canada has a med pot program because R v. Parker created it. If it wasn’t for this pivotal criminal court case there wouldn’t be a medicinal marijuana program. The court put Parker’s health above prohibition. Forcing the government to setup a poorly maintained constantly evolving Medical Marijuana Access Division.
To ensure that never happened again.
This is where things get a little complex.
Especially for scenesters.
Making for great forum postings and comments.
Our argument is for people who CAN NOT get into Health Canada’s med pot program.
A majority of Canadians are unable to access a federally funded program. Ninety percent do not not have access in some provinces. It never gets higher than 85 per cent. Hello, BC how are you. When Lewin and I started breaking down raw data geographically we began to see some very startling patterns.
We call it urban vs rural.
We believe there’s overwhelming evidence of Canadians, like me, who can’t get into the program. Especially in rural areas. The government’s own evidence, which they attempted not to disclose, demonstrates this. In many rural areas of Canada there’s no sign of med pot. Hello Alberta! Thanks for coming out. We love you.
Just to be sure (and to put the boots to them) we’re going to submit affadavits, possibly hundreds of them from terminally and chronically ill Canadians who are UNABLE to access Health Canada med pot program.
It’d be awesome to get a 1000 affadivits.
Just to show how overwhelming the problem is.
Gonna need a pack mule to carry all the evidence already.
Hold off on contacting me. We’ll make a new announcement shortly when we figure out this part in the coming weeks.
This is going to be a very public examination of Health Canada’s Medical Marijuana Access Division. We’ve brought them to court kicking and screaming. We’re calling all the evidence and a kitchen sink or two.
Put grandma to bed because this is going to be a slobberknocker. An epic personal rights battle two years in the making. Personal freedom versus prohibition.
To clarify.
This is a criminal proceeding. We’re not suing Health Canada on behalf of people in the program who seek whatever re-address.
We (Paul Lewin and myself) will demonstrate Health Canada’s Medical Marijuana Access Division doesn’t work. It’s not accessible for ninety percent of Canadians. This aspect only, program is an utter failure, will lay the groundwork for other criminal proceedings. Most notably CALM.
Though our cases are greatly different we do share the same concern (program is a failure) and goal (not going to jail). Working collectively to demonstrate our concern to obtain our goal is sensible. Sharing information, that’s all we’re doing, is worthy and noble.
The Department of Justice will argue Health Canada’s program is working just fine thank you very much. Ten per cent are accessing the program and the numbers are growing every day. The feds have far greater resources than we do.
(Aside, if you want to donate to my legal fund don’t send cash or check.)
We all want a judge to rule the program isn’t accessible to a majority of Canadians. The last thing we want is for them to rule the opposite.

What others do after a judge determines the program doesn’t work in R v. Mernagh isn’t my business. My goal is to earn personal freedom to grow medicinal marijuana in our backyards, spare bedrooms, or balconies.Game on and get er done. Follow me on Twitter to find out within minutes when the trial is set to commence. Late 2010 early 2011.