TURMEL: Favorite part of Harris 1Kg 10-day pot carry win!
JCT: We are challenging the 150-gram cap on possession and
shipping of legal marijuana for high-dose patients who want
the same 30-days as under the old MMAR and all other hard
naccotics. We cited the Garber precedent where BC Superior
Court granted 4 high-dosers a 10 day supply. So Lead
Plaintiff Allan J. Harris moved for interim remedy of the
10-day supply pending adjudication of the MMAR 30-day cap.
Judge Brown granted the motion and in his decision, he shot
down the Crown's argument that we were re-litigating what
had already been decided in Allard.
Crown had written:
46. The Allard decision followed a lengthy trial and was
based on a large volume of evidence, including evidence
and submissions specifically concerning the 150 gram
possession limit and its impact on patients.67 Following
the trial decision, the Allard plaintiffs brought a
motion for reconsideration of several aspects of the
decision, including the 150 gram limit.
Allard John Conroy's Allard Statement of Claim had sought:
e. A Declaration that the provisions that specifically
restrict the amounts relating to possession and storage
by patients, including the "30 x the daily quantity or
150 gram maximum, whichever is the lesser" are
33. Get that? Allard sought to strike the "30-day or 150
gram maximum" leaving no maximum cap. No court could grant
such an over-broad remedy. Applicants herein only seek to
strike the "150 gram maximum" leaving the "30-day maximum"
cap as for small-dosers and all narcotic drugs.
Note Judge Brown's ruling:
 Further, the Allard plaintiffs sought a declaration
to strike the 150 gram per day possession in a public
place cap so as to leave no maximum cap; however, the
court would not grant such an over-broad remedy. Here,
however the Plaintiffs only seek to strike the "150 gram
maximum"; but not the "30-day maximum" cap.
JCT: Can't but be proud not having made the same error as
Queen's Counsel John Conroy. And I'd bet I was the only one
who had ever noticed the over-broad request until now Judge
Brown makes it official. Jeff got relief because we didn't
try to scrap the 30-day cap like Conroy did!
Aaaaaahhhhhhhhhh... Winning what a Queen's Counsel lost.
Remember, Judge Brown is going to granting 10-day interim
exemptions to all plaintiffs on Schedule A and it only costs
$2 using forms at http://johnturmel.com/ins150.del to sign