Pubdate: Wed, 27 May 2009
Source: National Post (Canada)
Copyright: 2009 Canwest Publishing Inc.
Contact:  http://www.nationalpost.com/
Author: Jordana Huber, Canwest News Service
Bookmark: http://www.mapinc.org/mmjcn.htm (Marijuana - Medicinal - Canada)

NEW MEDICAL MARIJUANA RULES 'SLAP IN FACE'

'We'll Have to Go Back to Court Again': Advocate

New federal regulations allowing designated medical marijuana
producers to grow cannabis for two approved users of marijuana -- up
from one -- are a "slap in the face," advocates said yesterday.

The changes, to be announced today, come nearly 16 months after a
Federal Court judge struck down part of the old regulations as
unconstitutional and unnecessarily restrictive.

Alison Myrden, an advocate for users of marijuana for medical
purposes, said the changes are an "outrage" and run contrary to the
court's decision.

"None of us will settle for this," Ms. Myrden said. "This is so
disingenuous of our government, because we are sick and dying people.
We'll have to go back to court again."

The old regulations restricted designated producers to growing
cannabis for no more than a single approved user.

Federal Court Justice Barry Strayer ruled in January, 2008, that the
one-to-one restriction is "arbitrary," not "rationally related to
legitimate state interests" and violates the principles of fundamental
justice.

Instead of amending its regulations to permit larger-scale medical
producers, Health Canada appealed the decision.

The Federal Court of Appeal ruled against the government last fall and
the government then asked the Supreme Court of Canada to hear an
appeal. The top court declined to do so, in a decision released on
April 23.

It is estimated that more than 400,000 people in Canada use marijuana
for medical reasons, according to evidence presented in a case in
British Columbia.

However, less than 20% of the nearly 3,000 people approved to smoke
marijuana for medical reasons access it from the government-approved
supplier, because of complaints about the quality.

A spokesman for Health Canada said the new regulations are currently
in force.

New Democrat MP Libby Davies said yesterday the changes were "pretty
pathetic" and don't come close to addressing the needs of authorized
users.

"The federal government has always done everything it could not to
make the medical marijuana program work properly," Ms. Davies said.
"They try to get away with as little as they can to satisfy what has
been legally required and this is just a further indication of that."

Eric Nash, who grows organic marijuana on Vancouver Island through his
company, Island Harvest, said he has had more than 300 requests from
approved marijuana users.

"It's just crazy that the federal government and Health Canada will
continue to put patients onto the street for their medicine and
license all these suppliers yet only allow them to supply one or two
people," Mr. Nash said.

There are currently more than 2,000 people allowed to cultivate
marijuana for medical purposes -- 1,715 hold licences to grow for
themselves and 302 are designated to grow for other approved users.
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