How have courts interpreted the provisions of section 18 of the Canadian Criminal Code on the possession and cultivation of marihuana?

British Columbia, Canada


The following excerpt is from R. v. Jaswal, 2012 BCPC 244 (CanLII):

Other cases, notably the B.C. cases of R v Beren and Swallow {2009] B.C.S.C. 429, Kubby v Her Majesty the Queen, [2005] B.C.C.A 640 and Poelzer v. Her Majesty the Queen, [2009] B.C.S.C. 18, found the provisions constitutional and convictions were entered for cultivation and possession of marihuana.

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