Sorting out whether possession of medical marijuana can become a crime remains in the hands of a Sarnia judge following a brief court appearance Monday.

Justice Mark Hornblower said there is a very unique point of law he needs to consider before accepting a man’s guilty pleas to marijuana possession. The issue? Whether involvement of the medical marijuana in another crime makes the possession a crime.

Following short submissions by Crown and defence lawyers, Hornblower adjourned his decision to Oct. 18.

It is believed that decision will be a first in Canada.

Anthony Francis Barr, 27, of St. Clair Township near Sarnia, pleaded guilty in August to driving while impaired by marijuana and marijuana possession.

Barr had a prescription for marijuana to deal with an anxiety condition. Barr’s prescription allowed him to use between 1.5 and three grams daily.

In August Barr was convicted and fined $1,000 for impaired driving leaving the marijuana charge.

Federal prosecutor Michael Robb said Monday as a medical marijuana user Barr was required to follow regulations including carrying it in a bag labeled by the provider with a statement of the drug’s potency.

Eighteen grams were found in a bag with no labeling after Barr’s vehicle had been stopped. Therefore Barr was not permitted to have it in his possession, said Robb.

The evidence of the bag’s labeling was not before the court at the time of Barr’s plea and should not be considered by the court, said defence lawyer David Burns.

At the time of Barr’s plea it was Hornblower who raised the issue of whether the plea was appropriate in light of the prescription.

His Oct. 18 decision will focus on that issue, said Hornblower.

If Hornblower decides to accept the plea Barr’s, sentencing will be the next consideration. If Hornblower rejects the plea, the case may need to be resolved by another judge.

The federal Liberal government’s legislation legalizing possession of small amounts of marijuana for personal use is expected to be in place by July 2018.

nbowen@postmedia.com