The Supreme Court of Canada has overturned the conviction of a medical marijuana crusader, ruling the trial judge erred by directing the jury to find the man guilty.
In a 7-0 judgment released Thursday, the court granted a new trial to Grant Krieger, a Calgary man who had been found guilty on charges of possession of pot for purposes of trafficking.
"The crucial fight is still ahead," Krieger told CBC News after the ruling was released. "However, if a judge properly instructs a jury of my peers, I should be able to get a proper verdict out of them, whether it be guilty or not guilty."
Krieger suffers from multiple sclerosis and has legal permission to smoke marijuana for medical purposes. He says he should have the right to distribute marijuana to others who need it to ease the pain of serious illness.
The judge at Krieger's trial in 2003 instructed the jury to "retire to the jury room to consider what I have said, appoint one of yourselves to be your foreperson, and then to return to the court with a verdict of guilty."
Two jurors objected, one on religious grounds and the other on grounds of conscience. They asked to be excused from the case, but the judge refused the request.
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