Pubdate: Thu, 25 Feb 2016 Source: Province, The (CN BC) Copyright: 2016 Postmedia Network Inc. Contact: http://www.theprovince.com/ Details: http://www.mapinc.org/media/476 Author: Laura Kane Page: 7 MEDICINAL POT INDUSTRY IN FLUX Law Struck Down: Court ruling will allow patients to grow their own marijuana The federal government will have to mull over a new system to distribute medical marijuana and Canada's multimillion-dollar cannabis industry was thrown into flux Wednesday after a judge ruled patients can grow their pot at home. Federal Court Judge Michael Phelan struck down a law introduced by the former Conservative government that required patients to buy cannabis through the mail from licensed producers, writing it was an "arbitrary and over-broad" violation of Charter rights. He suspended his decision for six months to allow the Liberal government time to craft new legislation. The federal government has 30 days to appeal. "It's a victory, for not just medical cannabis patients, but really all Canadians," said Kirk Tousaw, a lawyer who represented the four B.C. plaintiffs in the constitutional challenge. Canadians who use cannabis for illness or pain have faced regulatory upheaval in recent years. The old Medical Marijuana Access Regulations allowed licence-holders to grow pot themselves or find designated growers. The former Tory government nixed those rules in 2013 when it introduced Marijuana for Medical Purposes Regulations, which required patients to order cannabis from commercial producers. A court injunction has kept the old program alive for about 28,000 licence-holders. Phelan extended that injunction Wednesday until a further court order. Shawn Davey, one of the four representative plaintiffs, said he couldn't afford the amount of cannabis he needs under the rules brought in by the Conservatives. "Marijuana has helped me 110 per cent," said Davey, who suffered a severe brain injury after being hit by a truck while riding his motorcycle. "(Pharmaceutical drugs) make me feel like nothing but crap. This makes me feel like heaven." Other plaintiffs in the suit were Neil Allard of Nanaimo and Tanya Beemish and David Hebert of Surrey. While Phelan's decision changes nothing in the short-term, it breeds uncertainty about the future of the fledgling medical-pot business. Health Minister Jane Philpott said she was reviewing the decision with the Justice Department and it's too early to say whether the government would appeal. "We're obliged to ensure that Canadians who need access to medical marijuana can do so," she told reporters. "We're going to have to completely review the regulations." The Liberals have committed to legalizing recreational marijuana, but have said little about their plans for medical cannabis. Philpott said the two should be treated as "separate issues." John Conroy, lead counsel for the plaintiffs, urged the government to get to work quickly on crafting new legislation. He said marijuana dispensaries, which have popped up in large numbers in Vancouver and Toronto despite being illegal, should be included in the regime. He applauded sections of Phelan's judgment that criticized federal government experts who testified that home-growing bred grave public-safety risks. - --- MAP posted-by: Matt