Some potheads are little impatient for an R v Mernagh ruling, but that’s understandable. After all it could greatly impact Canada marijuana prohibition. Even the Washington Post bloggers thinks so. Given the marijuana magnitude a positive outcome will have, it’s best to let Ontario Court of Appeal judges time to ponder. Most people ask pleasantly when matt mernagh next court date is, but there are some cannabis commentators who are a little conspiratorial.
The other day Terry Parker, who has been advocating cannabis legalization since ‘70s, let me know the justices took eight months in R v. Parker. The case that determined people had a right to medicinal marijuana. It took the Ontario Court of Appeal a year to eliminate the prostitution laws and I am banking they’re doing the same for a R v. Mernagh ruling.
I get upset about people complaining the time for a mernagh decision is taking too long or something is afoot because I’ve been living with this case for years. There’s been some very long lonely stretches. Getting this case off the ground took a great deal of pothead power. Trial and appeal prep alone was about 10 months – four months for the appeal and about six months for trial. Then there were all the appearances for set dates and a pre trial that went on what seemed like forever.
The Ontario Court of Appeal is really giving this case some consideration. At the start justices announced they read government and my legal team submissions and relevant case laws. There’s a small mountain of evidence behind R v. Mernagh, 22 witnesses who can’t access a government program, a pharmaceutical industry expert, an expert on harm reduction, transcripts of testimony from Senator Pierre Claude Nolin, and of course Health Canada’s director testified. Reading all the evidence would take some time as it took some time to gather it all.
Contrary to the prosecutor’s argument, our evidence is more than strong enough to toss out Health Canada’s medical marijuana program and two marijuana laws – possession and production. Is it possible the justices are contemplating not saving the medical marijuana program because it will never workable as long as we have marijuana prohibition?