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KUBBY FILES |
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| THE WINCHESTER DECISION
Building upon the case of R v. Parker, which found that "criminal prohibition from possession or cultivation of marihuana amounted to a breach of Charter 7 right to liberty," the B.C. Supreme Court went further in Winchester to dismiss charges where cannabis is found to be "reasonably necessary for therapueutic use." The Winchester decision sets a much lower standard than previously held with "medical necessity," and appears to create a new exemption for personal medical use. |