Pubdate: Fri, 26 Feb 2016
Source: Globe and Mail (Canada)
Copyright: 2016 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Gary Mason
Page: A11

COURT RULINGS ASIDE, LEGALIZING POT STILL A PIPE DREAM

There were few subjects the former federal Conservative government
despised more than pot. It knew where the majority of Canadians stood
on the issue - in favour of legalization - but it also knew that the
party's core supporters would have no part of that.

There may have been no better illustration of the struggles the Tories
had with the matter than the system it created for the licensing and
distribution of medical marijuana, the same one that was discredited
and toppled by a Federal Court judge Wednesday.

Once upon a time, Canadians with authorization from a physician could
grow their own cannabis plants or designate someone to do so for them.
Under that program, the number of production licences went from fewer
than 500 in 2002 to more than 22,000 by 2012. Uncomfortable with the
proliferation of both users and growers, and unwilling to give Health
Canada the budget to properly monitor and audit the system, the Harper
government decided to change the rules.

Under the new plan, the number of growers was restricted and their
operations more tightly controlled. Products had to be ordered online.
Costs for users became prohibitive, which was either by design or a
happy consequence for the anti-pot government (depending on which
theory you subscribe to). It didn't take long for a disgruntled group
of users to win a court injunction against the new structure. It was
that challenge that led to the ruling that came out this week.

This is a good thing. The program set up by the Conservatives was
designed to fail. After the injunction was granted, both the old and
new systems were allowed to operate concurrently. This created a mess
that the former government had no appetite for dealing with. In the
absence of any leadership, dispensaries started popping up in
Vancouver, almost in defiance of Ottawa.

Now the matter is in the hands of the federal Liberal government,
which campaigned on the promise to legalize marijuana.

The new government has been given six months to straighten things out
in terms of medical marijuana. Most likely, it will create a new plan
that is a hybrid of the two existing models. It will give users the
choice and accessibility to which the courts say they have a
constitutional right, with the control over the substance (including
standardization and testing) that is necessary.

What it does about the illegal dispensaries that have sprung up across
the country is anyone's guess, although it's difficult to imagine a
scenario in which a government intent on legalizing the drug tries to
shut them all down. That ship has sailed.

If nothing else, the Federal Court ruling has drawn attention to the
enormous stakes that surround the multi-billion-dollar marijuana
industry. Everyone wants a piece of it, including, as we learned this
week, pharmacy chains such as London Drugs and Shoppers Drug Mart.
Many are poised for the day pot is finally legalized in Canada, a day
some believe is just around the corner. How wrong they are. Marijuana
will not be coming to your nearest government-regulated outlet any
time soon. The Liberals are discovering that legalizing marijuana is
easier in theory than practice. It would have an impact on
international treaties, and there are complex border issues to be
resolved. There are the country-wide consultations the government has
committed to undertaking. There is a strong chance pot will still be
illegal, technically at least, by the next federal election.

The good news for recreational users who don't have illicit sources is
that it has never been been easier to obtain. There are about 500,000
medical-cannabis users in Canada over the age of 25, according to
Health Canada. The number has sky-rocketed in recent years. Why?
Because anyone complaining of the slightest bit of pain can get a
prescription. Walk into some of the storefront marijuana dispensaries
in Vancouver and you don't even need that.

Is any of this likely to change as a result of this week's court
ruling? Nope. Probably the most significant outcome of the decision is
that now people will be able to grow pot in their homes without fear
they'll be thrown into jail for doing so.
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