Pubdate: Wed, 28 Jan 2015 Source: Windsor Star (CN ON) Copyright: 2015 The Windsor Star Contact: http://www.canada.com/windsorstar/ Details: http://www.mapinc.org/media/501 Author: Douglas Quan Page: A8 FLEDGLING MEDICAL MARIJUANA INDUSTRY HIT BY SERIES OF SETBACKS Federal Court to Hear Complaints From Patients Almost a year after the federal government revamped the way medical marijuana is produced and distributed in Canada - moving from home-based operations to large-scale commercial ones - the fledgling industry continues to encounter growing pains. A trial set to begin next month in Federal Court will hear patients argue that the price of marijuana charged by commercial producers is too high, depriving them of medicine to treat serious ailments. Until a decision is made, individuals who previously held licences to possess and grow their own marijuana have been allowed to continue doing so. Commercial producers have faced other challenges, including restrictions on how they advertise their products; maintaining adequate supplies; and responding to product recalls. In a statement, the Canadian Medical Cannabis Industry Association, acknowledged some of the challenges but says the industry remains optimistic. "Previous stigma with cannabis has placed the industry under a microscope," the statement said. "However, there have also been success stories at the company level and at the industry level." Under the old regime, patients could grow their own pot, have a designated person do the growing, or buy from Health Canada. But the system was rife with abuse, prompting federal regulators to switch to a new system last year, which restricts production to licensed commercial producers and does not allow patients to possess more than 150 grams of dried marijuana at any time. A group of B. C. patients sued the government in Federal Court, arguing that the new rules were overly restrictive and would make marijuana unaffordable, forcing them to "choose between their liberty and their health." Whereas the cost to produce marijuana under the old system ranged from $0.50 to $2 per gram, the cost under the new regime would be $8 to $12 per gram, they said. A judge granted a temporary injunction, allowing those who had been allowed to possess and grow marijuana under the old system to keep doing so, at least until the constitutional challenge was heard. The trial is set to begin Feb. 23. For the 23 commercial producers licensed in Canada, the injunction has meant a smaller pool of potential customers. Under the old regime, there were roughly 35,000 Canadians licensed to possess marijuana. Commercial producers currently report having about 14,000 clients. "The legal challenge has cast a shadow over the entire policy approach," said UBC business professor Werner Antweiler. "As is true for any business, uncertainty is not good for business." But one upside to the injunction is that it has afforded licensed producers time to steadily grow their production and customer base, the industry association said. Since the system overhaul took effect April 1 last year, commercial producers have faced other setbacks. On the eve of the changeover, RCMP seized shipments of medical marijuanaproducts at a B.C. airport that were destined for two Ontario commercial producers, saying that the shipments contained items that did not match what was outlined in government paperwork. Between April and August, Health Canada recalled marijuana products from three companies because of discoveries of mould and bacteria beyond acceptable limits, and questionable production practices. In November, Health Canada sent warning letters to commercial producers that their advertising must be limited to basic information, such as brand name, cannabinoid content and price per gram. Any therapeutic claims, such as saying that a product relieves pain, is forbidden. Even describing the taste as "earthy" or "sweet" is off-limits. Health Canada says all companies have complied. The industry says the ad rules do level the playing field, but some companies are not thrilled about having to sanitize their ads. "Because of the unique nature of this product, the many different varieties and scents, etc., it is important for patients to have access to appropriate amounts of information," said Neil Closner, CEO of Med-Releaf Corp., in Markham, Ont. Patients can call a company for more information or consult doctors. But "in this age of the Internet, most people just want to be able to review available products and suppliers online," Closner said. - --- MAP posted-by: Jay Bergstrom