Jacob Bell
New Member
A Toronto man prohibited from growing marijuana for medical purposes will seek to overturn a city bylaw prohibiting grow-ops.
William Palmer, 48, who suffers from HIV and has a licence to possess medical marijuana, was charged in 2008 when the marijuana plants he was growing in his Toronto Community Housing unit were deemed a fire hazard.
The charges were dropped in provincial court Monday by the Crown on the grounds that "it is not in the interest of justice to pursue this matter." But Palmer and his lawyer, Paul Lewin, said they will appeal to Superior Court next spring to have the city bylaw struck down as a contravention of the Charter of Rights.
Lewin described his client's predicament as a "Catch-22." Although marijuana alleviates nausea and other symptoms caused by HIV medication, medical marijuana is not subsidized by the Ontario Disability Support Program, the same program that covers Palmer's HIV drugs. At the same time, the city bylaw prevents Palmer from growing his own pot for medicinal purposes.
"No one should have to choose between their health and the law," Lewin said.
In court, Palmer went so far as to ask the judge if he could rent a room in the Old City Hall courthouse to grow medical marijuana.
"That's the point I'm at right now. All I'm getting is systematic abuse," said Palmer, who was diagnosed with HIV in 1997 and received his medical marijuana licence two years later.
In addition to seeking to overturn the city's bylaw prohibiting grow-ops, Lewin said his client will also sue to recover approximately $50,000 in damages from marijuana plants that were lost when the hydro was turned off in Palmer's Toronto Community Housing unit.
Palmer said he lived without power for 18 months, before moving into his father's neighbouring apartment. He is a member of the Church of the Universe, which has argued that the use of marijuana is a religious sacrament.
Source: Toronto Star (CN ON)
Copyright: 2011 The Toronto Star
Contact: lettertoed@thestar.ca
Website: News, Toronto, GTA, Sports, Business, Entertainment, Canada, World, Breaking - thestar.com
William Palmer, 48, who suffers from HIV and has a licence to possess medical marijuana, was charged in 2008 when the marijuana plants he was growing in his Toronto Community Housing unit were deemed a fire hazard.
The charges were dropped in provincial court Monday by the Crown on the grounds that "it is not in the interest of justice to pursue this matter." But Palmer and his lawyer, Paul Lewin, said they will appeal to Superior Court next spring to have the city bylaw struck down as a contravention of the Charter of Rights.
Lewin described his client's predicament as a "Catch-22." Although marijuana alleviates nausea and other symptoms caused by HIV medication, medical marijuana is not subsidized by the Ontario Disability Support Program, the same program that covers Palmer's HIV drugs. At the same time, the city bylaw prevents Palmer from growing his own pot for medicinal purposes.
"No one should have to choose between their health and the law," Lewin said.
In court, Palmer went so far as to ask the judge if he could rent a room in the Old City Hall courthouse to grow medical marijuana.
"That's the point I'm at right now. All I'm getting is systematic abuse," said Palmer, who was diagnosed with HIV in 1997 and received his medical marijuana licence two years later.
In addition to seeking to overturn the city's bylaw prohibiting grow-ops, Lewin said his client will also sue to recover approximately $50,000 in damages from marijuana plants that were lost when the hydro was turned off in Palmer's Toronto Community Housing unit.
Palmer said he lived without power for 18 months, before moving into his father's neighbouring apartment. He is a member of the Church of the Universe, which has argued that the use of marijuana is a religious sacrament.
Source: Toronto Star (CN ON)
Copyright: 2011 The Toronto Star
Contact: lettertoed@thestar.ca
Website: News, Toronto, GTA, Sports, Business, Entertainment, Canada, World, Breaking - thestar.com
