A Kitchener couple who admitted toillegally running a marijuana dispensary is now fighting for a discharge and no criminal record.
Nour and Shady Louka started using medicinal marijuana after a car accident.
The couple preferred buying pot in person in order to choose particular strains, and opened the dispensary in order to help others do the same.
Their shop on King Street in Waterloo was raided by police in August 2016.
The pair pleaded guilty earlier this year and appeared in court Tuesday for their sentencing hearing.
Their lawyers are asking the judge for an absolute discharge, citing marijuana will soon be legalized.
Originally was calling for jail time, the Crown is now calling for convictions and a fine of $10,000 from both of them.
Given the fact that the Loukas have no prior record, and the legalization of marijuana is on the horizon, the judge in the case says he’s leaning toward a discharge.
"As a result of research, marijuana is not the danger and evil it once was. It now has medicinal value," said Justice Colin Westman.
The judge also agreed with the defence’s claim that the Louka’s dispensary was treated unfairly compared to others in the region at the time.
“The Waterloo police they take a reasonable approach. They say ‘you know we're going to speak to the dispensaries first, and we're going to warn them and ask them to shut down before we go bursting in.’ They do that for everybody except for our clients. Obviously we’re not happy about that, and I don’t think the judge was happy about that either,” said Paul Lewin, Nour Louka's lawyer.
Police searched the Louka’s dispensay, home and cars, and found more than three pounds of dried marijuana and cannabis resin.
Nearly 800 pieces of marijuana edibles were also seized.
The judge is set to make his ruling on July 21.
With reporting by Nicole Lampa.
