Pubdate:  06 July 2011 
Source: Oshawa Express (CN ON) 
Website: http://www.oshawaexpress.ca/ 
Contact:  
Copyright: 2011 Dowellman Publishing Corp 
Author: Lindsey Cole, The Oshawa Express

MEDICAL MARIJUANA ISSUE LIGHTS UP

Marko Ivancicevic says he takes medicinal marijuana to cope with the
pain.

He suffers from scoliosis and a condition called Fibula Hemilelia,
where there is essentially an absence of the fibula, he explains,
adding he has had 10 surgeries to deal with this.

As a member of the Oshawa Accessibility Advisory Committee (OAAC) he
was hoping council would continue with its commitment to making Oshawa
barrier-free by recognizing and endorsing the rights of citizens to
take their prescribed medication, be it medical marijuana, in public
without fear of harassment and discrimination. The OAAC also asked
that council advise the region and area municipalities of their position.

"All we were looking for was for the City to take a position," he
says. "We want people to acknowledge it. It's just to be able to get
the recognition that I have an exemption."

Ivancicevic says he has faced discrimination and harassment before
because of using his prescribed marijuana in public.

"I've been told that I'm not allowed to have it in my possession," he
says. "You get scenarios where you are not allowed on the premises."

But council wasn't so ready to endorse the committee's recommendation,
as they wanted to weed through the motion's intent before taking a
firm stance.

Initially Councillor Nancy Diamond asked that the item be tabled until
Durham Region's medical officer of health could comment on the issue
and she also wanted some clarification.

"We're seeking his professional opinion and support," she says, adding
there could be complications because of the smoking bylaw and where it
prohibits people to smoke.

"Ask for his opinion to define where we are now and see what we could
do. I'm in no way speaking against the use of medicinal marijuana."

She says she wants to know where they could use marijuana so that
there would be no complications.

"The medication is needed. The medication is legal. We can vote for it
as a goodwill statement," she told members of council, adding the vote
would be 'hollow'. "I don't think that this has been looked at by our
staff. I would rather we working proactively."

Councillor Bob Chapman agrees.

"What I'm interested in is getting the information back from the
medical officer of health," he says. "I certainly understand the right
of people to take medication. In this case its medicinal marijuana."

But both Councillor Amy England and Nester Pidwerbecki were quick to
suggest that the matter be dealt with right away.

"We can deal with it. I don't know why we're waiting. Health Canada
recognizes it. It is recognized for those that need it," Councillor
Pidwerbecki says, referring to a portion of the motion that reads,
"that the regulation of medical marijuana use in public is in the
hands of municipalities and Health Canada does not intend on placing
regulations around the use." He says the regional opinion isn't needed.

"We have the right to say yes to that and we should. I don't see the
connection with the smoking bylaw," he adds.

Councillor England says she thought the committee was asking the City
to recognize that people who use medicinal marijuana shouldn't be
chastised and should be allowed to do so.

"There are no regulations around public use," she says.

But these sentiments didn't sway some members of council.

"My unease is the prescribed medication in public areas," says
Councillor Roger Bouma.

Councillor Diamond's motion to have the matter tabled failed and the
motion wasn't endorsed either.

After getting City Solicitor David Potts' opinion, council decided to
refer the matter to legal services for more clarification and advice.

"I, for the purposes of legal advice, have some concerns," Potts told
council, adding if the motion means "lighting up in the council
chamber" then he suggest council shouldn't support it. "This is a
political decision. I only encourage council to know what they are
voting for. The question is specificity."

Ivancicevic says his personal view is that council seemed to miss the
intent of the recommendation.

"I'm a little concerned about why they wanted to stall the issue," he
says.

"Maybe it (the motion) needed to be more further detailed. It all
comes down to education and understanding. Maybe they need to educate
themselves a little bit more. I think they seem supportive. They don't
understand what the end result will mean to them."

He adds he realizes the issue is contentious but it is time the City
takes a stand.

"It's a hot potato that no one wants to touch. There has not been one
municipality that's touched the issue," he adds. "We have the legal
ability."
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MAP posted-by: Richard R Smith Jr.