Pubdate: Thu, 20 Feb 2014
Source: Province, The (CN BC)
Copyright: 2014 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Page: 10

MEDICAL POT LICENSEES SUE OVER NEW LAW

Court: Federal government faces civil suit as three B.C. men claim 
rights, quality of life being violated

Three B.C. men who have medicinal marijuana licences say the federal
government has violated their rights by changing the laws allowing
them to possess and grow pot.

Kevin Garber, a Langley resident, says he needs marijuana to treat his
severe epilepsy and arthritis and has held a licence to grow and
possess pot since 2009.

In a notice of civil claim filed in B.C. Supreme Court, he says
changes to the laws that will require him to purchase his pot from a
licensed company will have a harmful effect on him.

Garber says his licence allows him to possess 1,800 grams of cannabis
and his daily dosage, approved by his doctor, is 60 grams per day.

He is also allowed to cultivate 292 cannabis plants indoors and to
store 13,140 grams of cannabis, he says.

But under the new law going into effect March 31, he could be required
to destroy 15,000 grams of marijuana he would otherwise have used to
meet his medical needs, he says.

Garber claims that none of the licensed producers under the new regime
have the genetic variants he requires and the pricing far exceeds his
ability to afford enough of the drug for his medicinal
requirements.

"(The) plaintiff experiences emotional and psychological distress as a
result of his awareness that on March 31, 2014 he will be forced to
choose between his health and liberty and will be forced to destroy
all of the cannabis he has stored as of that date," says his lawsuit.

"The plaintiff also believes that if his licensing is revoked his
quality of life and health will suffer. Indeed, his life may be at
risk from severe seizures or seizure-related injuries."

The second man, Timothy Sproule of Abbotsford, is disabled as a result
of degenerative disc disease exacerbated by multiple car accidents.

His licence allows him to possess 1,080 grams of pot and his daily
dosage is 42 grams. He is also allowed to produce 176 cannabis plants
indoors and to store 7,920 grams of cannabis, he says.

The new law could require him to destroy 9,000 grams of pot that would
otherwise be used as medicine for himself, he says.

The third man, Philip Newmarch, is disabled and suffers from a variety
of conditions including severe arthritis and spinal-cord disease.

He is allowed to possess 5,010 grams of cannabis and his daily dosage
is 167 grams. He is allowed to produce 813 cannabis plants and to
store 36,585 grams of the drug. On March 31, he could be required to
destroy 40,000 grams of the drug, he says.

The three men want a declaration that the new law violates their
rights and an order allowing them to keep their licences.

Canada's laws have allowed qualified patients to hold medicinal
marijuana licences since 2001.
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