Click Here to get your new MEMBERSHIP FORM that supports this legal defense

BASIC LEGAL PREMISE TO SHOW THAT: In law:
a Marijuana Party membership is a PRESCRIPTION

to defend the Peaceful possession of the articles of our rubric in a civil society
Note: in law the legal definition of any word is important – law is nothing but words

Look up PRESCRIPTION in the DCL [Dictionary of Canadian law] [in law: if the word exists here - it's the only definition allowed] If a prescription for marijuana is not defined in the DCL then it's not 'prescribed by law' [therefore -does not exist] When this term ‘prescription’ is used as a condition in a bail undertaking [as in] “The accused must not possess drugs or paraphernalia without a prescription “ THEN the ambiguity creates a real threat because this wording offers no real protection and

THIS could lead to false arrests and when this occurs, the law becomes an Instrument of punishment - What is needed is a clear understanding that clarifies what is meant by the term ‘prescription’ So that an accused with a medical need defense can be saved from a bad decision made by an uninformed law enforcer [in order to not face charges in the 1st place]

- If you're charged under the CDSA
[Controlled Drugs & Substances Act]
- the Police /court often tell the accused that you need a PRESCRIPTION
- in order to not be charged or as a condition of bail after you’re charged.
- The wording is seems vague but some lawyer gave it some thought.
They never say 'medical prescription' because there's no such thing
So what do they mean? Just look it up in the DCL
IN LAW [as to our DCL] there is no such thing as a prescription for marihuana

a PRESCRIBER
: is a person who is authorized to give a prescription within the scope of any profession and in the practice of a health discipline.
As prescribed by the CMA: there is no such thing as a health care profession that 'gives a prescription for marijuana' BUT under this definition, an Officer of the Parti Marijuana Party can legally be called a PRESCRIBER because he is PRESCRIBED BY LAW under the Elections Act to protect our Party rubric and or his EDA's prescribed platform of beliefs.

PRESCRIBED DRUG is defined as a drug that may be dispensed by a pharmacist upon the direction of a prescribers [note: not defined in an Act]
- by definition - There is no such thing as a pharmacist who can dispense marijuana
PRESCRIPTION has many definitions & absolutely none of them apply to cannabis There's 1- under The Dispensing Fee Act, 1- under the Practice of Physiotherapy Act, 1- under the Dental Technicians Act & other industrial uses of the word.
NOTE: There's not even 1 definition for PRESCRIPTION under the CDSA
and it's worth noting THAT: all 'drug' charges are pressed under the CDSA.

- It’s also worth noting that since there are no definitions for prescription under the CDSA - then their own MMAR card is not a prescription, or its definition would be found here. The MMAR card is a permit that can be revoked at any time for no real reason. It's so restrictive & only good for 1 year at a time therefore arguably a greater liability than an asset.

- So by definition there is no such thing as a medical prescription under the CDSA - There's a definition under the FDA [Food and Drug Act of 1985] that covers dispensing controlled drugs by prescribing a controlled quantity [not applicable] AND- They still list a definition under the NCA, for a prescription for narcotics [even though this Act was struck down in 1986 as unconstitutional] [under R v Oakes]

So that means there’s a PRESCRIPTION available somewhere
Otherwise the law is being used as a trap to screw you over & - the law must never be used as an Instrument of punishment – it’s a cornerstone of good governance
- THIS IS WHERE SANITY COMES TO THE RESCUE
There is a clear definition that does apply to our political Party.
This is the definition for the term: PRESCRIBED BY LAW
"The limits will be prescrbed by law within the meaning of Sec 1 of the Charter if it is expressly provided for by statute or regulations, or results by necessary implication of a statute or regulation or from its operating requirements. The limit may also result from the application of common law" [R v Therens 1985]
At face value it does not look like it would apply to a prescription for Cannabis but it really does BECAUSE it protects all common law defenses that protect Democracy under Sec1

- This definition starts by saying it protects Sec-1 rights in the Charter which states THAT
"1. The Canadian Charter of Rights & Freedoms guarantees the rights & freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society [under R v Oakes 1986 - this case had a medical cannabis defense]
Sec-1 'prescribes by law' to directly prohibit trampling on Sec-3 of the Charter - NAMELY: Democratic rights under what's called the Supremacy of PARLIAMENT

Under THE SUPREMACY OF PARLIAMENT - 'Democratic rights are PRESCRIBED BY LAW as exempt from the arbitrary use of power contained in Sec 33 - ORDERS IN COUNCIL The only thing that keeps marijuana illegal is the total abuse of Sec-33 of the Charter - Under the SUPREMACY OF PARLIAMENT and
AS PRESCRIBED BY LAW,
- the only way anyone can defend themselves from a bad law is by being - politically active and
- [that’s exactly how we are defending our rights]

- UNDER line-1 of the rule of law of Sec 133 BNA Act: Supreme Court rulings
[like the Longley decision - Parker /Hitzig decisions & especially this Oakes decision]
bar /preclude the majority in power from using the force of ORDERS IN COUNCIL [OC] on any member of especially our federal Party because it's 'prescribed by law' as the only thing the majority in power cannot suppress with the use of OC's.
- The use of any arbitrary power by the majority in power on any Loyal opposition member is directly prohibited under the rule of law & Sec 1 and 3 of the Charter

As to this definition: The Elections Act,[which clearly is the Institution that protects Democracy] clearly provides the Marijuana Party of Canada with the necessary terms & regulations for our operating requirements. under a necessity defense.
This really is a Claim of Right thru an application of common law, which is exactly what is 'prescribed by law ', which is: to offer a way to benefit from the law - Which has become a totally omitted concept in this Sec 15 CCC de-facto court system that’s insane. [Sec 16 CCC]

FURTHERMORE: In Vancouver we have a unique situation.
Past Mayors and the present Mayor of Vancouver: Gregor Robertson has used this PRESCRIBED BY LAW argument to support the local compassion clubs &
- it is also being used to keep the Insight Clinic open
ON THE ISSUE OF RECOGNIZING OUR PRESCRIPTION:
His Worship the Mayor Greg Robertson has prescribed a policy onto the police & the courts in His jurisdiction to the affect that they should show a more humane approach toward simple possession charges of cannabis. The Mayor is actually exercising authority under Colonial Rule

To show his general support, the Mayor has permitted several new Compassion Clubs and frankly all of us operate on different ‘prescribed platform of rules and activity’ that the prescribers provided, as necessary regulations for its operating requirement
IN OTHER WORDS all these Compassion Club providers are all operating under the definition of ‘PRESCRIBED BY LAW'

FURTHERMORE: This new policy was introduced in order to express the legitimacy of the first Vancouver Compassion Club, [now over 14 years old] & it is now understood that its court rulings regarding peaceful trespass with their medicine [claim of right] are relevant to this court. This Compassion Club has successfully defended some members in court & they have chosen not to defend many other members with less valid claim to peaceful possession AND
it should be noted that Judge Wally Oppal was Instrumental in this success


BECAUSE OF THE MAYOR’s PRESCRIPTION: [AKA: perogative]
It’s my belief that no new clubs operating in Vancouver have had an opportunity to defend the peaceful possession of their members or have to defend their membership as a PRESCRIPTION for the responsible use of their medicine.
FRANKLY It’s just a matter of time before they come seeking remedy for a member, or for their own club’s defense. We are informing everyone & giving this great defense & we can expect our court to have a compassionate response because it really is PRESCRIBED BY LAW as the only lawful means to possess your medicine in Canada.

- For full details go to www.increationwetrust.org for local info
- or call 604-721-7461 or 604-727- 0906 for personal inquiries
OR go to www.marijuanaparty.ca for the National HEADoffice

- FOR YOUR PROTECTION under Constitutional law
-
SUBSCRIBE TO THE PARTI MARIJUANA PARTY