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A second Ontario Court judge has ruled there is no law prohibiting the possession of small amounts of marijuana.
Justice John Moore threw out marijuana possession charges Friday against Martin Barnes, a 40-year-old Toronto man who was arrested last summer by police with the equivalent of one joint, or about $5 worth of marijuana, in his coat pocket.
"Mr. Barnes was charged with an offence not known to law," Moore said as he quashed the charges.
The judge said he arrived at the decision by following a "common sense" path in the wake of a number of recent court rulings.
"The marijuana laws as they pertain to possession have completely fallen apart," said Barne's lawyer, Aaron Harnett. "Anyone charged with simple possession of marijuana should be on the phone to their lawyer immediately to launch a similar application," he added.
Police allegedly found a gram of marijuana in Barne's possession after he was charged with dangerous driving while stuck in gridlock on a Toronto street last July.
Harnett said his client is a "working guy," a computer technician with no criminal record who should not have been charged with a drug offence.
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