Pubdate: Wed, 08 Oct 2003 Source: Edmonton Sun (CN AB) Copyright: 2003, Canoe Limited Partnership. Contact: http://www.fyiedmonton.com/htdocs/edmsun.shtml Details: http://www.mapinc.org/media/135 Author: Canadian Press Links: to the court decisions are at http://cannabislink.ca/legal/#legalcases Bookmark: http://www.mapinc.org/topics/Ontario+Court+Appeal Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) MARIJUANA POSSESSION LAW BACK ON THE BOOKS TORONTO -- Canada's law against possessing small amounts of pot came back into effect yesterday after the Ontario Court of Appeal struck down parts of Ottawa's medicinal marijuana program. Federal regulations governing the program unfairly restrict qualified users in getting the drug, the court found. But it stopped short of the true goal for many marijuana advocates: striking down the law in its entirety. Instead, the three-judge panel nimbly singled out as unconstitutional specific provisions of the federal Marijuana Medical Access Regulations, or MMARs, leaving users to celebrate only a partial victory. "That little gap that we had in Ontario where the law did not exist and police could not arrest you for smoking is over," lawyer Alan Young said outside court. "Ultimately, I would prefer just to get rid of the law and let people take care of themselves as they see fit. That didn't happen today, but at least the court has given sick people some greater tools to be self-sufficient." The provisions in question restricted licensed growers from receiving compensation for their product, growing the drug for more than one qualified patient and pooling resources with other licensed producers. The ruling also struck down a requirement that sick people get two doctors to validate their need to use marijuana as a drug. "This narrow remedy would create a constitutionally valid medical exemption, making marijuana prohibition ... immediately constitutionally valid and of full force and effect and removing any uncertainty concerning the validity of the prohibition," said a synopsis of the ruling issued by the court. In other words, the ruling reinstates laws that were effectively suspended in Ontario earlier this year when a judge ruled that possessing less than 30 grams of pot was no longer against the law in the province. The decision is encouraging because it will allow medicinal growers to produce a higher-quality drug in greater quantities, said Alison Myrden, a medicinal user and longtime marijuana crusader. The ruling agreed with a lower court ruling in January that found the regulations were unconstitutional because they forced qualified users to either grow their own pot or buy it on the black market. Officials from the federal government could not immediately be reached for comment on the ruling. - --- MAP posted-by: Richard Lake