Pubdate: Sat, 07 Apr 2001
Source: Toronto Sun (CN ON)
Copyright: 2001, Canoe Limited Partnership.
Contact:  http://www.canoe.ca/TorontoSun/
Details: http://www.mapinc.org/media/457
Authors: Philip Lee-Shanok and David Gamble

LOOSER POT LAWS TO AID THE SICK

But Critics Say Changes Flawed

Health Minister Allan Rock moved yesterday to make Canada the only 
country in the world with a government-regulated system for using 
marijuana as medicine.

Along with creating three categories of patients who can seek 
exemption from the Controlled Drugs and Substances Act, Rock proposed 
more flexibility on the amount of pot that can be possessed and the 
number of plants a person can grow.

Third parties will be allowed to grow pot if they pass inspection and 
record checks.

Alan Young, a law professor, said when the smoke clears, any new 
legislation will be well-intentioned but unworkable.

"The caregiver exemption is a progressive step but practically 
unworkable. There are few people who will agree to the terms of the 
onsite inspections," Young said, adding the feds don't understand the 
nature of the underground marijuana-growing community.

WINDOW DRESSING

"It's fundamentally flawed because you can't graft these types of 
regulations on an underground enterprise. Either the government has 
to do it completely or let people do it themselves. The fewer 
restrictions and regulatory obstacles the better because anything the 
government does is arbitrary."

One of Young's clients, Jim Wakeford, says the changes are just 
window dressing since it's impossible to force an underground 
industry to provide a safe, legal supply.

"The fact of the matter is, marijuana in Canada is controlled by the 
underground because of prohibition," he said, adding criminal record 
checks will mean everyone who has been charged with possession may 
not be accepted.

Wakeford, 56, who has had AIDS for eight years, was granted an 
exemption in 1999 to cultivate, possess and smoke marijuana to 
counteract severe nausea and spasms.

Wakeford's effort to cultivate his own pot has led to a string of 
charges. His Uxbridge- area farm was raided on March 2 and his 254 
pot plants and 250 grams of dried marijuana were confiscated. His 
case was put over to May 16.

Due to a ruling by the Ontario appeal court in the Terry Parker case, 
the government must change the Controlled Drugs and Substances Act by 
a July 31 deadline.

"(The changes) are all posture and fluff, motivated by the Parker 
deadline. The controls they are putting forward aren't viable," 
Wakeford said.

So far, 210 have been given permits to use marijuana.

JOINT EFFORT

Canadians will be able to legally use marijuana as medicine under 
proposed new regulations. Applicants will be divided into three 
categories -- those in the first category will get easiest access; 
those in the second and third must meet stricter requirements.

Category 1

Prognosis of death within 12 months.

Category 2

Severe nausea or pain, anorexia, weight loss or general weakness 
associated with cancer, AIDS or HIV infection.

Persistent muscle spasms associated with multiple sclerosis, spinal 
cord injury or disease.

Seizures due to epilepsy.

Severe pain due to arthritis.

Category 3

Other medical conditions where conventional treatments have proven ineffective.
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MAP posted-by: Kirk Bauer