• TURMEL: Favorite part of Harris 1Kg 10-day pot carry win!

    From John KingofthePaupers Turmel@1:229/2 to All on Sun May 12 09:35:44 2019
    From: johnturmel@gmail.com

    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
    unconstitutional.

    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:
    [46] 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
    up.

    --- SoupGate-Win32 v1.05
    * Origin: www.darkrealms.ca (1:229/2)