injunction/court case updates

Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy: people grow wide variety of plants, vegetables and herbs. Catalogues show red cross symbol 4 medicine and skull&cross for poisonous
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy: If you grow these plants for yourself, there is no inspection or regulations. Regs only if they are produced for commercial purposes
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy discussing witness Jamie Shaw's testimony about storefront medical marijuana dispensaries. They affect LPs more than home growing
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy discussing Dr. David Pate & resins found in the trichomes (the part with the active medical ingredients) and the entourage effect
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy on Pate: Different strains produce different effects in the patients. No possibility of an overdose death from cannabis in any form
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy: limits of 150g have no evidence to support them. Why 150g? This poses problems for patients in transporting and storing medicine
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy: No evidence or records of diversion. No evidence or records of fires. No evidence or records of thefts. None of public safety issues
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy: not a shred of evidence to support government's claims. And the gov't knew patients would be impacted significantly by this process
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy on testimony of Defendant's Factual witness Todd Cain - about LP recalls for mold and sanitation issues. No probs with home grows

Cannabis Culture @CannabisCulture · 4h 4 hours ago
Phelan: "is there something wrong with the government coming up with a scheme to save money?" Conroy: as long as the options are still there
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Gov't knew new MMPR program would be prohibitively costly to some patients – and what they were doing would not be viable for all patients
Cannabis Culture @CannabisCulture · 4h 4 hours ago
Conroy discussing Israeli Dr. Yehuda Baruch, Defendant's Expert: Rise in cannabis use shows its effectiveness as an alternative medicine
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy reviewing testimony of Defendants Experts Robert Mikos & Paul Grootendorst. Laws and economics regarding #marijuana
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Phelan: Grootendorst was assuming market could be controlled in saying the prices would come down. Conroy: he was unaware of certain info
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy on Defendant witness Catherine Sandvos, Netherlands medicinal cannabis official: Patients can grow 5 plants and not be charged
Cannabis Culture @CannabisCulture · 3h 3 hours ago
No evidence of any problems caused by people consuming marijuana in Netherlands coffee shops for medical or recreation purposes
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy: No limitations on dosage or making extracts in Netherlands medical marijuana program - full access to coffee shops, 5 plants at home
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Garis said no probs with mold, fire or security-with proper equipment indoor pot can be grown at home safely. Cant compare legal and illegal
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Garis is Surrey Police Chief, Defendant's Expert. Said people were happy to comply with regulations of med-pot ops in Surrey he attended

Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy: Garis said patients payed the cost of home growing inspections and that they worked well for all involved
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy hands off to #Allard counsel @KirkTousaw
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw on Section 7 of the Charter of Rights and Freedom and infringement of life and liberty http://en.wikipedia.org/wiki/Section_Seven_of_the_Canadian_Charter_of_Rights_and_Freedoms…
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw: some patients and growers like Davey and Alexander would be subject to mandatory minimums and long jail terms under CDSA and MMPR
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Phelan asked what the mandatory jail term would be for Alexander. Tousaw said it would be 6 months - 2 years depending on factors triggered
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw: Supreme Court in "Carter v Canada" ruled patents could choose their own health choices even when the result was known to be death
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw: more info on medical self determination as an important part of Canadian law precedents
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Phelan: "Is that what Carter really says?" Tousaw: Court said State cannot force you to take treatments that are unwelcome to you
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw: doctors decide if marijuana is the correct treatment. Gov't has said doctor is the gatekeeper

Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw: Person has the right to direct their own treatment once doctor has decided marijuana is the right treatment for them
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Tousaw discussing "Parker" case before Justice Phelan cut him off for lunch break. The judge seems hungry. Back at 1:45pm
Cannabis Culture @CannabisCulture · 1h 1 hour ago
#Allard counsel @KirkTousaw: to interfere with Section 7 the government must follow the principles of fundamental justice
Cannabis Culture @CannabisCulture · 1h 1 hour ago
MMPR narrows the choice to one: purchase from 1 of a group of Licenced Producer. MMAR had 2 other options - to grow or have a DG grow
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Tousaw: Discussing Hitzig v Canada and the continued risks to patients under the MMAR. http://en.wikipedia.org/wiki/Hitzig_v_Canada…
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Tousaw: infringement of the security of the person was in the context in the MMAR. The MMPR is even more limiting for patients
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Supply restriction in MMPR force patients to buy from the black market or force them to become the black market by producing for themselves
Cannabis Culture @CannabisCulture · 1h 1 hour ago
In Hitzig court found that forcing patients to go to the black market is not consistent with the gov't interest in protecting citizens
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Less than 20% of patients were accessing Prairie Plant Systems pot during time of Hitzig - now government has added more LPs
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Tousaw: The undue restriction on designated producers violates section 7 because it is unnecessary

Cannabis Culture @CannabisCulture · 1h 1 hour ago
Phelan: is saving money a legitimate reason for the gov't actions? Tousaw: No
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Tousaw: The gov't choice to have prohibition has severe economic consequences. It is assumption to think the MMPR will save money
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Phelan: is the ultimate objective to provide reasonable access to medical marijuana? Tousaw: MMPR limits access and hurts public health
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Phelan: "What is the real goal of the program?" Tousaw: Gov't SAYS the goal is to benefit health and safety and provide reasonable access
Cannabis Culture @CannabisCulture · 1h 1 hour ago
Tousaw: evidence is to the contrary - MMPR's limiting of access hurts patients instead of help them
Cannabis Culture @CannabisCulture · 56m 56 minutes ago
Tousaw: MMPR virtual monopoly has artificially limited access to those who can afford it
Cannabis Culture @CannabisCulture · 54m 54 minutes ago
Tousaw: Prohibition on home growing is arbitrary and unconstitutional if the government can't prove a harm to patients
Cannabis Culture @CannabisCulture · 52m 52 minutes ago
Phelan: are you saying that growers have 14 years of relatively unblemished service & to change the system is arbitrary?
Cannabis Culture @CannabisCulture · 52m 52 minutes ago
Tousaw: effects of MMPR will run contrary to the objectives. Gov't knew this and did it anyway. That's arbitrary
Cannabis Culture @CannabisCulture · 49m 49 minutes ago
Tousaw explains overbreadth in Canadian law. Laws should not be overreaching. Gov't can impair rights only as far as actually necessary

Cannabis Culture @CannabisCulture · 47m 47 minutes ago
Tousaw: court found Minister's decision to prohibit Insite safe injection site arbitrary and disproportionate because it caused no harm
Cannabis Culture @CannabisCulture · 46m 46 minutes ago
Benefits and harms of reasonable access have been proven at trial- effect of denying patients reasonable benefit is grossly disproportionate
Cannabis Culture @CannabisCulture · 45m 45 minutes ago
Tousaw: Any limited benefit which Canada might derive from limiting patient access is not enough to deny patients Section 7 rights #Allard
Cannabis Culture @CannabisCulture · 41m 41 minutes ago
Tousawavey is a criminal for making his cookies so he can sleep at night. This does not comport with the Principles of Fundamental Justice
Cannabis Culture @CannabisCulture · 40m 40 minutes ago
Tousaw: If the gov't has no Section 1 reason to limit patients, the patients' Section 7 rights have been violated
Cannabis Culture @CannabisCulture · 19m 19 minutes ago
#Allard counsel Bibhas Vase: if there are any meager economic benefits received from MMPR, they do not trump Section 7 rights of patients
Cannabis Culture @CannabisCulture · 19m 19 minutes ago
Vase: Onus lies on party that seeks to limit the right – the state – to justify this limitation
Cannabis Culture @CannabisCulture · 14m 14 minutes ago
Section 1 analysis has three prongs in determining rational connection of limiting rights. More here: http://ualawccsprod.srv.ualberta.ca/centres/ccs/issues/sectiononeofthecanadiancharterofrightsandfreedoms.php…
Cannabis Culture @CannabisCulture · 12m 12 minutes ago
1. The means must be rationally connected to the objective 2. There must be minimal impairment of rights
Cannabis Culture @CannabisCulture · 13m 13 minutes ago
3. There must be proportionality between the infringement and objective http://en.wikipedia.org/wiki/Section_One_of_the_Canadian_Charter_of_Rights_and_Freedoms…

Cannabis Culture @CannabisCulture · 7m 7 minutes ago
Vase: MMPR puts limitation on Section 7 rights. Gov't missed the object by attempting to use evidence from illicit grows to paint harms
Cannabis Culture @CannabisCulture · 6m 6 minutes ago
Vase submits that the gov't isn't acting in good faith and is giving a "clinical response", proven by its actions
Cannabis Culture @CannabisCulture · 5m 5 minutes ago
Vase: "Gov't was dragged kicking and screaming through the courts." This expresses & indicates its cynicism on the marijuana issue #Allard
Cannabis Culture @CannabisCulture · 2m 2 minutes ago
Vase: Gov't deliberately ignored evidence to justify their limitations
Cannabis Culture @CannabisCulture · 2m 2 minutes ago
Phelan acknowledges Holmquist and others attempted to transfer harms of illegal home grows to legal. Vase agrees and said Garis did the same
Cannabis Culture @CannabisCulture · 41s 41 seconds ago
Vase: No evidence of harms in legal grows. Common sense says people do not want to be harmed in their homes and will try to be safe

Cannabis Culture @CannabisCulture · 1m 1 minute ago
Vase: No evidence on record to suggest that medical cannabis gardens cause mold any more than other home gardens or regular homes

Cannabis Culture @CannabisCulture · 1m 1 minute ago
.@cannabisculture Correction: Vase submits that the gov't isn't acting in good faith and is giving a *cynical response

Cannabis Culture @CannabisCulture · 3m 3 minutes ago
Vase quotes Surrey Fire Chief Len Garis saying there is nothing to suggest a public safety risk if medical grow is done right
Cannabis Culture @CannabisCulture · 33s 33 seconds ago
Vase quotes Len Garis' contradictory statements. Says Holmquist's testimony had NO evidenceciary basis and was pure conjecture

Cannabis Culture @CannabisCulture · 15m 15 minutes ago
Holmquist admitted no research was conducted and his conclusions were not supported by the evidence. Vase calls it the "non-research agenda"
Cannabis Culture @CannabisCulture · 13m 13 minutes ago
Vase: I come back to the "non-research agenda" because it again indicates the cynicism of the gov't and the MMPR
Cannabis Culture @CannabisCulture · 10m 10 minutes ago
Vase: A more inflammatory prejudice is behind this. The "non-research agenda" helps the gov't ignore evidence and use confirmation bias
Cannabis Culture @CannabisCulture · 8m 8 minutes ago
Vase compares inflammatory rhetoric and prejudice dangers to opium laws and the racial targeting of Chinese people in Yellow Peril
Cannabis Culture @CannabisCulture · 7m 7 minutes ago
A confused Justice Phelan asks: "Are you saying Japanese people being sent to camps is the same as this?"
Cannabis Culture @CannabisCulture · 6m 6 minutes ago
Vase restates his metaphor about racial targeting of Chinese through inflammatory rhetoric and the passing of bad opium laws. Phelan nods
Cannabis Culture @CannabisCulture · 3m 3 minutes ago
Phelan: Other countries have different systems of regulating medical #marijuana. Why isn't the Canadian system legit because its different?
Cannabis Culture @CannabisCulture · 2m 2 minutes ago
Starting to wonder if Phalen is paying attention at all. He's asking veeeery basic questions. Maybe there is some reason I'm overlooking…
Cannabis Culture @CannabisCulture · 1m 1 minute ago
Vase finishes up and hands it back to Conroy

after reading it all


Awesome job!
although the judge seems to be missing lots..

The government took another deep thorough pounding again today.
Looking good so far cant wait til tomorrow for this soap opera to continue

Wait so how is this going to be put to a higher judge?

Im not sure if it has to go to a higher judge.
Justice phelan even asked conroy "what would happen if he found for allard?"
Doesnt sound like anyone but him is making this call

This is so stressful. I can not wait for a verdict, the way I see it, if we win our right to grow super, but if not I do not think people should or will stop growing, just scale it down, has long has you have a script, and are not growing an outrageous amount what can anyone say?2 600's off set them by 4 weeks, 1 mom, 2 in veg, 2 in flower, pull a # or more a month.

Anyways I have faith that something will work out.

Hmmmm seems like Phelan has done a complete 180 with the comments he made and questions he posed today. Essentially his stance was that of "So what's wrong with the Government trying to save money? Are you against the Government trying to save money?"

As usual, Conroy's team knocked it out of the park

Yah not sure why he was asking that. The lawyers should have said what money? The MMPR has cost millions already and its only been 1 year.

but wait...there's more....
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy outlining legal basis and case law. "Canada has failed to justify" the prohibition on home growing & failed to justify the150 g limit

Cannabis Culture @CannabisCulture · 3h 3 hours ago
Phelan asked how gov't regulations should look if he rules in favour of Allard and it goes back to gov't to re-regulate
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy says there should be an exemption for all medical cannabis patients from Sections 4, 5, and 7 of the CDSA
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy: the fact is there are medically approved patients who cannot access their medication. Phelan jokes about gov't appealing the case
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy discussing the issue of patients who have moved and can't grow, and the 150g limit
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy: Gov't should have a limited time to re-write medical #marijuana regulations but should provide immediate relief to patients in need
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Gov't counsel has a problem with Conroy's request about injunction and claims he wasn't informed. Gov't says a new motion should be sought
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Conroy said he fully informed Gov't counsel and that his requests appear in the paperwork everyone has
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Gov't counsel said Conroy "impugned" him by referring to the documents. Phelan said "don't take it personally". Courtroom laughs
Cannabis Culture @CannabisCulture · 3h 3 hours ago
Justice Phelan said we'll deal with the scheduling tomorrow and that we are finished for the day. "See you tomorrow at 9am!"

Man, I like Tousaw! And he is absolutely correct that if the Gov. doesn't have a valid reason under chapter one, than limiting access violates chapter 7. A dumb redneck hillbilly like me figured than out a long time ago. Now if only we had a government that could respect the constitution...