Pubdate: Sat, 12 Jan 2008
Source: Victoria Times-Colonist (CN BC)
Copyright: 2008 Times Colonist
Contact:  http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Meagan Fitzpatrick, Canwest News Service
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

COURT FINDS POT RESTRICTIONS VIOLATE CHARTER

(CNS) - The federal government lost another court challenge to its 
controversial medical marijuana program, and now has 30 days to 
decide whether to appeal the ruling that declared one of its key 
policies unconstitutional.

Under regulations, licensed producers are allowed to grow the drug 
for only one patient at a time. Federal Court Judge Barry Strayer 
said that one-to-one ratio violates the Charter of Rights and Freedoms.

The decision, the latest in a string of court cases, will mean more 
choice for approved medical marijuana users and should provide easier 
access for them to the drug.

"What the federal court effectively did was assert that the 
government of Canada does not have a monopoly over the production and 
distribution of medical marijuana," said Alan Young, one of the 
lawyers who launched the court battle on behalf of 30 patients.

Authorized users who cannot grow their own marijuana because they are 
too ill, or for other reasons, must then rely on a sole source 
provider -- either a licensed private producer, if they can find one 
willing to produce only for them, or the government, which buys the 
plants from a Saskatchewan-based company.

"In my view it is not tenable for the government, consistently with 
the right established in other courts for qualified medical users to 
have reasonable access to marijuana, to force them either to buy from 
the government contractor, grow their own or be limited to the 
unnecessarily restrictive system of designated producers," Strayer 
wrote in his decision, which was released late Thursday.

The one-to-one ratio was first struck down by an Ontario appeal court 
in 2003, but the government reinstated the policy several months 
later, prompting the current court challenge.

"We're reviewing the decision," said Paul Duchesne, a spokesman for 
Health Canada, which regulates the program. He would not comment 
further and did not indicate how quickly the government would decide 
about appealing the ruling.

Young and his co-counsel Ron Marzel described the court's ruling as a 
"nail in the coffin" of the one-to-one ratio policy. "In theory, 
patients now have a choice whether to buy from the government or 
whether to create the small collectives of patients that go to an 
experienced and knowledgeable grower," said Young.
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MAP posted-by: Jay Bergstrom