TRURO - A criminal conviction for simple marijuana possession would be "unfair" and "cruel" punishment given the federal government's stated intention to legalize the drug, a judge said Monday.
"I cannot sit here and not be aware of the position taken by the federal government in Ottawa ...," Judge Warren Zimmer said, during sentencing of a Bible Hill man charged with marijuana possession.
"It would be cruel to sentence him in such a way today that he would wind up with a criminal record," Zimmer said, adding it "would be very unfair" under the circumstances to render a conviction that could hamper the man's ability to earn a living and support his two children, after the Trudeau government had said it is planning to proceed with legalization of marijuana.
Michael LeBlanc, 26, of 18 Village Ct., Bible Hill, was charged last March with 650 grams of marijuana "shake" that defence lawyer Al Begin said he used for medicinal purposes.
Begin said his client's doctor acknowledged that LeBlanc would make a good candidate for a medical marijuana license but he would not issue it because it goes against the physician's personal beliefs.
LeBlanc received a conditional discharge along with six months probation and a $500 donation to the Truro Boys and Girls Club, as recommended by his lawyer. He was also given a $100 victim surcharge fine.
Zimmer went on to say that he would be inclined to sentence LeBlanc the same way "even if Parliament had not made not those statements."
But he also warned LeBlanc that the drug is still illegal and "possession of marijuana is off the books for you, so to speak," unless he were to make proper arrangements to obtain a medicinal license for its use.
"You've gone about it the wrong way by having your own supply available to you," Zimmer said
"I cannot sit here and not be aware of the position taken by the federal government in Ottawa ...," Judge Warren Zimmer said, during sentencing of a Bible Hill man charged with marijuana possession.
"It would be cruel to sentence him in such a way today that he would wind up with a criminal record," Zimmer said, adding it "would be very unfair" under the circumstances to render a conviction that could hamper the man's ability to earn a living and support his two children, after the Trudeau government had said it is planning to proceed with legalization of marijuana.
Michael LeBlanc, 26, of 18 Village Ct., Bible Hill, was charged last March with 650 grams of marijuana "shake" that defence lawyer Al Begin said he used for medicinal purposes.
Begin said his client's doctor acknowledged that LeBlanc would make a good candidate for a medical marijuana license but he would not issue it because it goes against the physician's personal beliefs.
LeBlanc received a conditional discharge along with six months probation and a $500 donation to the Truro Boys and Girls Club, as recommended by his lawyer. He was also given a $100 victim surcharge fine.
Zimmer went on to say that he would be inclined to sentence LeBlanc the same way "even if Parliament had not made not those statements."
But he also warned LeBlanc that the drug is still illegal and "possession of marijuana is off the books for you, so to speak," unless he were to make proper arrangements to obtain a medicinal license for its use.
"You've gone about it the wrong way by having your own supply available to you," Zimmer said
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