Pubdate: Tue, 28 Oct 2008
Source: Victoria Times-Colonist (CN BC)
Copyright: 2008 Times Colonist
Contact: http://www.canada.com/victoriatimescolonist/letters.html
Website: http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Canwest News Service
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

RULING ENDS GOVERNMENT MONOPOLY ON MEDICAL POT

Canadians prescribed marijuana to treat illness will have more choice
in where to buy their drugs after a court ruling yesterday that ends
the federal government's monopoly on supplying medical marijuana to
patients.

Justice Department lawyers had sought to appeal a lower-court ruling
that granted licensed producers the right to grow marijuana for more
than one patient.

But the Federal Court of Appeal dismissed the government's challenge,
saying it was not persuaded by government lawyers who argued that
growers supplying more than one patient would lead to an unregulated
industry.

In January, a federal court judge struck down the one-to-one ratio as
unconstitutional and unnecessarily restrictive. The judgment was
stayed pending yesterday's appeal.

Lawyer Alan Young, who represented medical marijuana users, said the
ruling was a victory for "sick people."

"It's time for Health Canada to recognize that medical marijuana is an
established part of the regimen for a lot of patients," Young said.

Authorized users who cannot grow their own marijuana can designate a
grower, or obtain government-issued marijuana supplied by Prairie
Plant Systems in Manitoba.

But a group of 30 patients who challenged the regulations argued the
government pot was weak, and they should have the option to select
their source.

There are about 2,000 people legally allowed to use marijuana for
medical purposes, but the lower court found only 20 per cent buy it
from the government supplier.
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