Pubdate: Sat, 02 Feb 2013
Source: National Post (Canada)
Copyright: 2013 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Colin Perkel

MARIJUANA LAWS UPHELD IN TOP COURT

Benefits Not Proven, Some Physicians Say

TORONTO * Canada's ban on marijuana was effectively upheld Friday when
Ontario's top court struck down an earlier court decision that said
Canada's laws related to medicinal pot were unconstitutional.

The Court of Appeal ruled the trial judge had made numerous errors in
striking down the country's medical pot laws. Among other things, the
Appeal Court found the judge was wrong to interpret an earlier ruling
as creating a constitutional right to use medical marijuana.

"Given that marijuana can medically benefit some individuals, a
blanket criminal prohibition on its use is unconstitutional," the
Appeal Court said.

"(However), this court did not hold that serious illness gives rise to
an automatic right to use marijuana."

Currently, doctors are allowed to exempt patients from the ban on
marijuana, but many physicians have refused to prescribe the drug on
the grounds its benefits are not scientifically proven.

The Canadian HIV/AIDS Legal Network called the decision a
disappointing missed opportunity.

"People shouldn't have to risk going to prison in order to get the
medicine they need," said Richard Elliott, executive director of the
network.

The ruling comes in the case of Matthew Mernagh, 37, of St.
Catharines, Ont., who suffers from fibromyalgia, scoliosis, seizures
and depression.

While he argues marijuana is the most effective treatment of his pain,
he said he was unable to find a doctor to support his application for
a medical marijuana licence.

Mr. Mernagh grew his own and was charged with producing the drug in
April, 2008.

In April 2011, Ontario Superior Court Justice Donald Taliano found
that sick people cannot get access to medical marijuana through
appropriate means.

He said that forced ill people who should be able to get the drugs to
resort to criminal acts.

The Appeal Court found Mr. Taliano had relied on "anecdotal evidence"
and drew unfounded conclusions that the medicinal pot scheme made it
almost impossible for patients to get legal access to the drug.
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