Pubdate: Fri, 12 Jun 2015
Source: StarPhoenix, The (CN SN)
Copyright: 2015 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Sean Trembath
Page: A4
Referenced: Supreme Court Judgment (R. v. Smith): 
http://mapinc.org/url/d2dzMbjW

POT ACTIVIST PRAISES SUPREME COURT, SCOLDS FEDS

SASKATOON - A man who helps people access their medically prescribed 
marijuana says he is more motivated than ever to open a dispensary in 
Saskatoon after the federal government's response to a Supreme Court 
ruling allowing the use of edibles and extracts.

"If I didn't have a fire lit under me yesterday, I do today," said 
Mark Hauk, founder of the Saskatchewan Compassion Club.

In a stinging decision Thursday, a unanimous seven-justice bench said 
the government's medical pot program was constitutionally flawed, 
breached patients' rights and was not saved under section one of the Charter.

"Inhaling marihuana (the archaic legal spelling) can present health 
risks and is less effective for some conditions than administration 
of cannabis derivative," the country's highest bench said in an 
unsigned ruling.

There is no connection between the prohibition on non-dried forms of 
medical marihuana and the health and safety of the patients who 
qualify for legal access, the court added.

The appropriate remedy, the court said, is a declaration that the law 
is of no force and effect to the extent that it prohibits a person 
with a medical authorization from possessing cannabis derivatives for 
medical purposes.

"I was overjoyed. On a daily basis I deal with people who truly need 
cannabis oils and edibles for medical purposes, and it's crazy for 
them to have to break the law to do that. It's a huge victory for 
them," Hauk said.

He intends to open a storefront in Saskatoon where he can help people 
navigate the process of attaining a marijuana prescription and in 
some cases provide them with the medicine. The space he had hoped to 
rent fell through, but he has checked out a few other options and 
still plans to open as soon as he finds somewhere to do so, Hauk said.

He was not yet sure on Thursday of the full implications the Supreme 
Court ruling may have on his efforts.

"The ruling is very fresh, so I'm anxious to talk to my lawyer about 
how this affects us and our operations," Hauk said.

He expressed extreme displeasure at the response from federal health 
minister Rona Ambrose, who said she was "outraged" by the decision.

"Never in the history of Canada has a drug become a medicine because 
a judge ruled it so," Ambrose told reporters.

She said the government will continue to spread its message that 
marijuana is not a medicine.

"It's infuriating me by the second. Me and millions of other 
Canadians. It's unbelievable," Hauk said.

Donivan Hastings, a consultant with the Green Canvas in Regina, was 
also disappointed with Ambrose's comments but happy with the ruling.

"The way it was set up before was kind of silly because legally you 
were only allowed to smoke or vaporize marijuana," he said. 
"Obviously, that's not the most healthy way to consume marijuana."

The Green Canvas is still navigating the legalities of selling 
marijuana, but Hastings said providing edibles and extracts is 
something into which they'll be looking.

"For sure, that is going to be one of the biggest things that we're 
shooting for," he said.

With edibles and extracts now considered legal, Hauk said proper 
regulation and controls on production are more necessary than ever. 
The most popular and efficient method of making hash - or marijuana 
concentrate - involves a lot of butane, which is very volatile and 
can lead to explosions.

"That's the reason to get these types of production out of people's 
garages," Hauk said.

Homemade edibles can also be dangerous due to the unpredictability of 
dosing. Without proper regulation of production, patients could have 
no idea how much marijuana they are ingesting.

"We need controls so that people are dosing properly, lab testing, 
childproof packaging properly and educating properly," he said.

Hauk said he is more motivated than ever to open a dispensary in the 
city where people can safely access marijuana and know what they are getting.

"I have patients right now who have been involved in butane 
explosions. I have patients who have made edibles for themselves and 
overdosed. These are serious concerns."

- - with files from D.C. Fraser and The Vancouver Sun
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MAP posted-by: Jay Bergstrom