Pubdate: Wed, 29 Jan 2003
Source: Other Press, The (CN BC Edu)
Copyright: 2003 The Other Press
Contact:  http://otherpress.douglas.bc.ca/
Details: http://www.mapinc.org/media/2684
Author:  Emma Sobel

DIGIBUD ON THE INTERNET

Online Marijuana Delivery Sparks Controversy

MONTREAL -- Marijuana home delivery is no longer just for recreational 
stoners, thanks to the entrepreneurial marijuana advocates in Montreal who 
have launched (www.marijuanahomedelivery.ca), a service created for 
Canadians in need of medicinal marijuana.

The site was launched in part by Marc-Boris St-Maurice, the leader of the 
Marijuana Party of Canada, which advocates the decriminalization of 
marijuana. St-Maurice is also the director of the Montreal branch of the 
Compassion Club, a Vancouver-based group that works to provide the 
chronically-ill with a safe alternative to black-market cannabis.

Visitors to (www.marijuanahomedelivery.ca) can peruse a list of over 150 
ailments said to be treatable by medicinal marijuana, including everything 
from cancer and multiple sclerosis to hiccupping and pinkeye. According to 
guidelines on the site, applications for marijuana delivery must be 
accompanied by proof of illness in the form of a doctor's note or a sworn 
declaration from someone authorized to administer oaths, such as a lawyer 
or a priest. After the testimony has been verified and the fee, which is 
slightly higher than the black market price, has been paid, marijuana is 
guaranteed at the client's doorstep in six to eight weeks. But the question 
of legality remains. The Compassion Club says probably, doctors say 
possibly, and Health Canada says absolutely not.

The federal government recognizes that medicinal marijuana is currently 
unavailable to patients, but cannot support an illegal delivery service, 
according to an information officer for Health Canada, Andre, who declined 
to give his last name.

"The Ministry of Health is working on its own solution to the problem," he 
said. "We recognize the need for medicinal marijuana, but we do not support 
the Compassion Club. What they do is absolutely illegal."

But the Marijuana Party argues that those in need of medicinal marijuana 
are unable to obtain it through legal means, despite the fact that a 
federal law passed in 1999 permits its use. "The use of therapeutic 
cannabis has become a question of constitutional rights," reads the 
marijuana home delivery website. "With prohibition, an individual who has 
been prescribed marijuana for medicinal purposes has no legitimate avenue 
to seek treatment."

St-Maurice said non-governmental providers of medicinal marijuana have 
clashed with law enforcement officials in the past, citing raids of 
Compassion Clubs in Ottawa and British Columbia last year in which 
marijuana was confiscated by authorities. But, he noted, no prosecution 
ever followed.

Norbert Gilmore, a professor of medicine at McGill University and employee 
at the Centre for Medicine, Ethics and Law, says the Marijuana Party's 
delivery site will likely enjoy relative freedom of operation until the 
federal government hammers out its own provisions for medicinal cannabis.

"The law right now is a murky mess," Gilmore said. "Because the government 
can't provide for those in need of medicinal marijuana, even those with 
exemptions are forced to obtain it illegally. Until other laws get sorted 
out, no one wants to prosecute."
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