Pubdate: Tue, 28 Oct 2008
Source: Edmonton Sun (CN AB)
Copyright: 2008 Canadian Press
Contact:  http://www.edmontonsun.com
Bookmark: http://www.mapinc.org/mmjcn.htm (Marijuana - Medicinal - Canada)

FEDS' BID FOR CONTROL OF POT UP IN SMOKE

A Federal Court of Appeal yesterday upheld a lower court ruling
loosening the grip on access to medical marijuana.

A three-judge panel dismissed a government appeal that argued the
feds' monopoly on medical pot is the only way to provide a safe and
reliable supply.

The panel challenged arguments there was a lack of hard evidence to
back up a Jan. 10 decision by Federal Court Justice Barry Strayer.

"We're not persuaded (Strayer) committed any error," Justice John
Evans said in the ruling that came just hours after the government had
started laying out its case.

Strayer's decision also struck down a provision limiting one grower of
medical marijuana to supplying just one user.

A spokeswoman for Health Minister Tony Clement said the decision is
being studied.

"We will review it, and respond accordingly," Laryssa Waler wrote in
an e-mail.

Lawyer Alan Young, who represented medical users, said the decision is
"good for the patients."

He said Health Canada could now determine how many patients a grower
could supply. Or, he said, the government could come up with a new
limit, which could send the case back to court. 
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MAP posted-by: Richard Lake