Pubdate: Wed, 28 Aug 2002 Source: Saanich News (CN BC) Contact: http://www.saanichnews.com Details: http://www.mapinc.org/media/1209 Author: Vern Faulkner MEDICINAL MARIJUANA USER TAKES OTTAWA, PROVINCE, AND COLLEGE OF PHYSICIANS TO COURT Eric Young Has Taken His Battle To Secure Medicinal Marijuana To The Supreme Court Of BC A Saanich man is taking two levels of government and the College of Physicians and Surgeons to court in order to secure his right to consume marijuana. Eric Young suffers from multiple sclerosis, and is one of about 800 people across the country legally allowed to possess and consume marijuana to help manage his condition. Changes to federal regulations state that Young must obtain a prescription from a designated specialist in order to legally obtain and use marijuana. Yet the College of Physicians and Surgeons has issued a directive that Young and his lawyer, Lloyd Duhaime, interpret as nothing less than an order to its members mandating them not to prescribe the material. The directive, Duhaime says, deprives Young of his rights -- as granted under the Charter of Rights and Freedoms, and they have lodged a petition to the Supreme Court of B.C. naming the college, and both the federal and provincial governments as respondents. The intent, says Duhaime, is to secure Young the right to utilize an effective drug proven to provide relief, and should be given the same right to obtain medication as patients with other permanent conditions. 'He's about to lose his medication, because the government has made it impossible -- and I'm not exaggerating -- to get,' says Duhaime. Federal legislation indicates only a designated specialist can issue a prescription for marijuana, but Duhaime says the college has not designated any physician with that power. 'They've gone one step further -- they've written all their specialists and told them not to issue any prescriptions,' Duhaime claims. The official position statement of the college states that 'Physicians are advised that they should not prescribe any drug for their patients without knowing the risks, benefits, potential complications and drug interactions....' and further states that physicians could be considered liable for side-effects encountered if the drug has not passed the same tests required of other pharmaceuticals. Dr. Morris VanAndel, registrar for the college, says that if physicians are ordered to treat marijuana as a prescription drug, it would be wise for doctors to wait until marijuana undergoes the same battery of tests other drugs must pass to be declared safe for prescription. VanAndel says the College's main concern is that physicians will be deluged with requests to prescribe marijuana to those who don't have a legitimate need. 'The flaw in this whole argument is that the federal government has made the gatekeepers for medical marijuana,' VanAndel declares. VanAndel says Young isn't being prevented from achieving his goals. 'I don't see that in our position,' VanAndel asserts. However, VanAndel skirts around the fact that physicians will likely not have experience prescribing marijuana, as they have not been allowed to -- until now. The college position statement adds that there are very few published studies available on the benefits of marijuana in its smoked form. Yet numerous studies in medical journals dating back to 1989 outline the benefits multiple sclerosis patients gain from smoking marijuana while indicating side effects similar to -- or less serious than -- other prescription medications used to control the disorder. The college's main concern lies with claims that marijuana assists in pain relief, VanAndel concedes. 'There's nothing that says that (a physician) who has experience with MS, and with prescribing marijuana, could not prescribe it,' says VanAndel. 'Those who prescribe it should be knowledgeable in that area,' he reiterates. But Duhaime says that the college isn't being flexible, and by its actions is preventing Young from a reasonable medical decision. 'We got a response back from the doctors,' Duhaime says. 'They've called our action frivolous. That's just insulting to Eric, given that this guy has serious multiple sclerosis.' Young was reluctant to discuss his situation in detail, because the matter is before the court, but suggests doctors might feel pressured by pharmaceutical companies. 'They don't want medical marijuana to advance, because it has beneficial advantages,' Young explains. 'Most pharmaceutical (companies) won't make money off it -- they're not interested in the promotion of marijuana.' Young is also near to the end of the exemption period allowing him to legally smoke marijuana, and Duhaime says that the College of Physicians and Surgeons is stonewalling attempts to grant another exemption -- which would effectively strip Young of the legal right to use marijuana. If that status doesn't change, Duhaime says that he will be forced to make further legal challenges, or seek assistance from the federal government. 'Hopefully, (federal Health Minister) Anne McLellan will give him a short extension,' Duhaime explains. - --- MAP posted-by: Beth