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“It was not illegal for the defendants, at the time of the incidents, to be in possession of the marijuana derivatives because we’ve confirmed they all have valid medical marijuana authorizations,” Khan said.

That would not hold true today, however, Khan said.

“Currently, the federal Crown takes the position that anyone with a medical marijuana authorization should be going to a licensed producer,” she said. “But at the time of the arrest of the defendants, there was no licensed producer that had a licence to sell medical marijuana derivatives.”

There are now three licensed producers, all based out of Ontario, according to Khan.

Hauk’s lawyer, Kirk Tousaw, who also represented Owen Smith in the Supreme Court case, said he thinks the dropped charges show the Crown recognizes the current medical marijuana system is unconstitutional.

“The dropping of the charges is, frankly, a recognition of the validity of the efforts of compassion clubs throughout this country in assisting patients with obtaining access to a reasonable, safe and adequate supply of medicine for their serious, critical and chronic illnesses,” he said. “I think that’s something that most Canadians support, and most Canadians would not want to see their money spent prosecuting people like Mr. Hauk, who are helping patients improve their quality of life.”

Tousaw said the prosecution of Hauk and the three others “seems an absolute waste of taxpayer dollars” at a time the federal government is moving toward legalization.

The Crown dropped three trafficking-related charges that all four were co-accused on, leaving three trafficking charges and one charge of possessing the proceeds of crime.

The Crown also dropped further trafficking charges and a charge of producing marijuana resin that Hauk and Britnell faced.

hspray@postmedia.com

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