Pubdate: Tue, 16 Dec 2014
Source: Calgary Herald (CN AB)
Copyright: 2014 Postmedia Network
Contact:  http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: James Keller
Page: B1
Referenced: Judgment (December 15, 2014): http://mapinc.org/url/NA2yLSbG

PATIENTS CAN GROW POT AT HOME UNTIL CASE ENDS

The Conservative government has lost its latest attempt to prevent 
medical marijuana users from growing pot at home, with the Federal 
Court of Appeal upholding an injunction that exempted patients from a 
massive overhaul of the system.

New rules were introduced earlier this year that prohibited home 
growing and instead shifted production to commercial operations, but 
a group of patients is challenging that regime in a case expected to 
be heard in the new year.

A Federal Court judge issued an injunction in the spring that allowed 
patients who were authorized to grow and possess marijuana under the 
old system to continue to do so until their case is resolved.

The government appealed, but the Appeal Court released a unanimous 
decision Monday upholding the injunction.

"It's very significant," Kirk Tousaw, a lawyer for the four 
plaintiffs in the case, said in an interview.

"The big fear was that if the government's appeal was successful, 
then all of these people who have been protected by the injunction 
could very well turn into criminals overnight."

The previous medical marijuana regime, which was introduced in 2001, 
allowed patients to either grow their own pot, designate someone to 
grow it for them or purchase it directly from Health Canada.

New regulations took effect last spring that no longer allowed 
personal production and instead established a system of federally 
licensed commercial producers. There are now 15 such operations 
selling medical cannabis.

The plaintiffs filed a constitutional challenge arguing the updated 
regulations violate their right to access important medicine, because 
commercial prices are considerably more expensive under the new system.

The Federal Court trial is set to begin in February.

The injunction preserves patients' right to grow their own marijuana 
at least until a decision is issued. Two of the plaintiffs also filed 
a cross appeal, arguing the Federal Court injunction was too narrow 
and left out some patients because of the dates outlined in the injunction.

The Appeal Court ordered the lower court to reconsider the terms of 
the injunction to clear things up.

As of last year, nearly 38,000 Canadians had received authorizations 
under the old system.
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MAP posted-by: Jay Bergstrom