This decision addresses a constitutional challenge to section 9(5)(a)(i) of the Cannabis Act, which prohibits discharges for indictable offences of possession of cannabis for the purpose of distribution.
The court upholds the constitutionality of the provision, finding that the infringement on liberty is not grossly disproportionate or overbroad, does not impose a grossly disproportionate sentence, and does not create a distinction based on race in its impact.
The court sentences the accused, Rene Smith, to a fine of $7,500 and makes several ancillary orders.
