Alan Young, a lawyer representing an owner of a medical dispensary in Toronto, has challenged the courts that a series of raids in May 2016 was unconstitutional.
His client, Mark Stupak, the owner of the SoCo Medical Social Collective dispensary, was charged in 2016 with possession of marijuana for the purpose of trafficking, and possession of the proceeds of crime — more than $5,000 in cash, CBC News reported on Friday.
The police break-ins called the Project Claudia raids led to more than 90 people being charged including Stupak.
Young, who is a professor at Toronto’s Osgoode Hall Law School, argued that the charges were unconstitutional because there were no clear laws at the time able to offer relief for the legitimate medicinal marijuana users.
The Supreme Court of Canada in June 2015 ruled that medical marijuana users should be allowed access to a variety of cannabis products and not just the dried pot leaves. But Ottawa decided until August of 2016 to finally adhere to these new rules.
The lawyer said marijuana retailers had the moral authority to fill the void by providing products to medicinal users over the counter.
But Justice Heather McArthur said the application must be denied.
“There was a valid exempting regime for medical marijuana at the time that the applicant was charged.”