Pubdate: Sat, 22 Mar 2014
Source: Globe and Mail (Canada)
Copyright: 2014 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: James Keller
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDERAL COURT GRANTS INJUNCTION TO ALLOW PATIENTS TO GROW MEDICAL MARIJUANA

The Conservative government's plan to move medical marijuana plants 
out of patients' basements and into commercial facilities was dealt a 
significant setback Friday, after a Federal Court judge ruled anyone 
already licensed to grow the drug may continue to do so.

Justice Michael Manson issued an injunction exempting patients who 
are licensed to possess or grow medical marijuana under the current 
rules, either for themselves or someone else, from new regulations 
that would have made the practice illegal.

A group of patients behind a constitutional challenge asked for an 
injunction to preserve the status quo until their legal case goes to trial.

The federal government announced its plans to overhaul the production 
of medical pot last year, arguing the current system had grown out of 
control and was rife with problems ranging from unsafe grow ops to 
infiltration by criminals.

The new regulations restrict medical marijuana production to 
commercial growers, though the court injunction does not affect the 
new licensing system.

The plaintiffs in the lawsuit argued the updated regulations violate 
their right to access important medicine, because marijuana is 
expected to initially be more expensive under the new system. They 
also complained they won't have as much control over which strains of 
the drug they use.

The judge concluded some patients will not be able to afford 
marijuana if prices increase as expected.

"This group will be irreparably harmed by the effects of the [new 
regulations]," wrote Justice Manson.

"I find that the nature of the irreparable harm that the applicants 
will suffer under the [updated regulations] constitutes a 'clear 
case,' which outweighs the public interest in wholly maintaining the 
enacted regulations."

Under the terms of the injunction, patients who were licensed to grow 
marijuana as of Sept. 30 of last year can continue to do so. The 
ruling also applies to anyone approved since that date.

Patients will be restricted to possessing 150 grams of dried 
marijuana, which is a limit set by the new regulations, the decision says.

Health Canada had warned that any patients licensed to grow pot who 
didn't confirm they had destroyed their plants would be reported to the police.

In a written statement, Health Canada said the department was 
reviewing the decision and considering its options.

"Health Canada is committed to the implementation of the Marijuana 
for Medical Purposes Regulations in order to provide Canadians 
reasonable access to dried marijuana for medical purposes, while 
protecting public safety," said the statement, which also repeated 
many of the government's arguments in favour of the changes.

"It is also important for Canadians to remember that marijuana is not 
an approved drug or medicine in Canada."

John Conroy, the lawyer representing the patients, said they clearly 
have a right to access medical marijuana that they can afford.

"Economic access to the medicine is a factor, and not coming up with 
a scheme that covers everybody is not a viable exemption," Mr. Conroy 
said in an interview.

Mr. Conroy said it's not clear how the ruling affects new patients 
who need medical marijuana but aren't already approved. They may be 
forced to turn to the new commercial market, he said.

Canada first regulated medical marijuana in 2001, a year after an 
Ontario court concluded the law at the time violated the rights of 
sick people who used pot to alleviate their symptoms.

The number of people authorized to possess - and often grow - 
marijuana has increased to 37,000 this year from fewer than 100 in 
2001. The federal government says the current licences translate to 
about 3.5 million plants.

In a hearing earlier this week, a government lawyer said the law is 
designed to protect the public from the dangers of home grow ops. The 
government also argued there is no constitutional right to cheap medicine.
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MAP posted-by: Jay Bergstrom