TURMEL: Virginia Vidal: First Hitzig 170 MedPot dismissal in Ontario

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Nov 13, 2012, 6:33:26 PM11/13/12

JCT: http://tech.groups.yahoo.com/group/turmel/message/4185
is my report: Crown to drop Medpot charge when Virginia
Vidal gets doctor

JCT: I met Virginia Vidal at the Treating Yourself MedPot
Expo in Toronto who had also been busted for Possession of
19 grams of herb in Peterborough! She had just had triplets
and was using medpot for post-natal discomfort. 19 grams for
the cop to want to give the new mother a criminal record.
Guess he didn't want her kids going to Disneyland.

But being busted in Peterborough was lucky for Virginia for
she's being prosecuted by the sharp Crown Attorney Mauro
DiCarlo. So Derek turned her on to the Self-Defence BENO-
POLCOA kits. She'd filed her Quash, Stay and Return of
Controlled Substance motions so Mauro recognized the forms
and knew it was going to be another monster pain for a
medical user over less than an ounce!

She went in as presentable as possible, gave good suit, and
was treated very nicely by both the Crown and the judge. The
Crown asked the Court for 2 months in which she would get
her MMAR forms signed by a doctor and when she faxed that to
him, he would withdraw her charge and she need never return
to court! The judge gave her 4 months to establish her
medical need! From her previous desperation, she came away
thrilled at the result.

She's promised to get us a transcript where the judge
queried whether the doctor's signature on the MMAR would be
enough or whether she needed her exemption. Just the
completed application would establish her medical need
sufficiently! Yeehaa for those people busted while waiting
for an exemption after their doctor had signed.

And once again, Mr. DiCarlo is treating his medical users as
he should and saving his bosses a small fortune in wasted
efforts going after someone who's going to end up exempted
anyway. Guess he has no more stomach for fighting it out
with the sick because all reports seem to be good-mouthing
him recently. Good-mouthing a Crown? When he plays the game
right, why not? He's shown sense and mercy to more accused
than any other Crown plus he got Rob Glabais's guilty plea
on the 3,000-plant grow.

Lucky medical users if they get busted in Peterborough and
find out about us instead of getting a lawyer to plead them
guilty though I feel Mauro should feel a little guilty
taking pleas from sick people because they have lawyers who
don't know any better.

So the triplets may yet end up going to Disneyland after
mama gets her exemption form signed! What great news. Would
it were that easy every time to have charges dropped by
establishing medical need a la Hitzig 170.

JCT: Here's the part of the transcript from that hearing.
Information No. 998 112648
On May 31, 2012, at PETERBOROUGH, Ontario

M. Dicarlo Counsel for the Federal Crown
Virginia Vidal "Appearing on own behalf"

THURSDAY. MAY 31. 2012
MR. DICARLO: Your Honour, actually one matter that should be
relatively quick is the matter of Virginia Vidal, number
seven on the pretrial-list...this matter was pre-tried
before Your Honour a couple of months ago. At that time the
indication was that Ms. Vidal was in the process of
obtaining a medical marijuana exemption. She's indicated to
me today that she's had some difficulty, however, she's
heard back from a doctor as recently as yesterday.. That
will be prepared to consider signing her application. So
under the circumstances, Your Honour, we're really no
further ahead than we were two months ago, unfortunately.
However, my suggestion is the matter again be adjourned for
a couple of months to allow her to make the necessary
application. What I've indicated to her is this, Your
Honour, is that if she's approved that she should forward
the documents to me. She has my email address. I will
forward those to my superiors and if I hear back if I'm
instructed to dispose of the matter on a preremptory basis,
or a quick basis, then I will contact her and do so.
THE COURT: So you want her application accepted before?
MR. DICARLO: Accepted, yes. And I know that this process ,
if she's seeing a doctor tomorrow, even if the application
was signed tomorrow, probably looking at six to eight weeks
before she hears back from Heal-th Canada, if not longer.
THE COURT: Thursday, the 20th of September.

JCT: Virginia now has an exemption to possess 1,250 grams,
66 times more than she was busted with. But at her pre-
trial, she learned that Mr. Dicarlo had been instructed by
his superiors in Toronto to proceed with her prosecution.
There were actually two charges, possession of the 19 grams
of marijuana and possession of 2 grams of hash resin. Since
she was exempted for the marijuana now, and since hash
(what's left when the plant matter is removed) is still
illegal, he had to proceed on the charge for the 2 grams of

With all the information in her file, I'm sure the judge ran
across the Hitzig 170 precedent set by Johnny Dupuis, which
is what lower provincial judges like Judge Chevalier, who
can't strike down laws as invalid, could do.

So after the Crown presented the proof positive that she had
been found in possession of the hash, her sole defence was
that getting an exemption established her medical need to
simply be exempt at the time of the bust. Even marijuana
with the impurities removed.

And on Nov 8 2012 in Peterborough, just like Quebec
Provincial Court Judge Chevalier had dismissed the charge
against Johnny Dupuis when he established medical need by
having his doctor testify (Health Canada's examining
pharmacists had overruled his doctor's recommendation),
Ontario Provincial Court Judge J. R. Morgan accepted that
her getting an MMAR exemption established her medical need
at the time of the bust a year ago, Nov 19 2011, and
dismissed the charge of possession of marijuana resin for
medical purposes!

Not stayed like Mernagh's decision by a Superior Court
Justice after striking the law down as invalid before the
prosecution presented its case, but dismissed by a judge
without such power to declare the law invalid after the
Crown's case had been made because she got an MMAR exemption
establishing her medical need to simply be exempt pursuant
to Hitzig Paragraph 170.

This is a lot bigger than anyone realizes. It's the first
time that purified marijuana (hash) has been deemed to be as
good medicine as the unpurified marijuana!

So there it is, our first Hitzig 170 precedent for Ontario
residents to use without having to refer to Quebec to
a) establish medical need to simply be exempt by Hitzig 170,
b) establish hash resin as being medicinally useful too.

The Dupuis Hitzig 170 precedent for Quebeckers; the Vidal
Hitzig 170 precedent for Ontarians; and her Vidal hash
precedent for everyone.
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