The appellant, a store owner who sold hemp products and marihuana seedlings, was convicted of possession and trafficking of cannabis sativa.
He challenged the constitutionality of the prohibition on simple possession of marihuana under the Narcotic Control Act, arguing it infringed section 7 of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that while the availability of imprisonment engages the right to liberty, the prohibition accords with the principles of fundamental justice.
The Court rejected arguments based on privacy, overbreadth, and statutory interpretation regarding THC levels.