Pubdate: Fri, 12 Aug 2016
Source: Province, The (CN BC)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Stephanie Ip
Page: 3

FEDS GIVE GREEN LIGHT TO OWN-USE POT

First Step: New rules allow patients to grow their own medical 
marijuana, or have a designated grower

Local pot advocates applauded the federal government Thursday after it
announced new rules that will allow patients to grow medical marijuana
for their own use, or designate a grower to do so for them.

The Access to Cannabis for Medical Purposes Regulations go into effect
on Aug. 24, replacing the Marihuana for Medical Purposes
Regulations.

Under the ACMPR, patients who have been authorized by a doctor to
access medical cannabis will be allowed to produce a limited amount of
pot for personal use, or designate a grower to produce it for them.
Those wishing to grow their own medical cannabis will need to first
register with Health Canada.

Dispensaries and compassion clubs, however, remain
illegal.

"The devil is often in the details but I think it's a really big step
forward," said Vancouver lawyer Kirk Tousaw, who represented the four
plaintiffs in the case of Allard v. Canada. The decision issued in
that case is what spurred the new regulations shared Thursday.

"It's by far the most robust response to a court decision involving
the Charter on medical cannabis that any government has made."

In the decision issued in February of this year, Judge Michael Phelan
ruled patients should have the constitutional right to access and grow
their own medical marijuana.

However, the federal government's statement on Thursday noted the
regulations are only an "immediate solution" in response to the
decision and should not be treated as being representative of any
long-term plans for the legalization of pot.

Vancouver pot activist Dana Larsen said Thursday he was "celebrating"
the announcement but noted there's still more work to be done by the
federal government.

"There's still flaws in there that still need to be fixed but this is
a big step forward and a big victory for what we're trying to
accomplish," he said.

"I believe all Canadians should be able to buy and grow as needed but
for those with medical needs, they should be at the front of the
lineup in this process."

Tamara Cartwright-Poulits is licensed to grow medical marijuana but
has not had a garden since moving from her Alberta home to Cranbrook,
B.C. Cartwright-Poulits, 46, is a part of the Canadian Therapeutic
Cannabis Partners Society, which advocates for access to medical marijuana.

"It's a huge win for us," she said Thursday. "Most of us are fairly
pleased with the regulations."

Cartwright-Poulits has colitis and she says that medical marijuana has
been the only thing that helps her condition but doesn't leave her in
a fog and unable to care for her sixyear-old son.

While still in Alberta, Cartwright-Poulits grew her own marijuana and
treated the condition herself as needed. These days, however, she's
had to rely on ordering through licensed producers who ship to her
home.

"We've been financially burdened because we've had to purchase instead
of growing our own," she said.

While the Cranbrook woman would prefer to grow her own medical
marijuana, she noted that's not the case for every patient -
especially seniors, cancer patients, or city dwellers who either don't
have the energy, resources, or space to grow their own.

It's for that reason that she believes the government still has some
work to do when it comes to the parts of the ACMPR that deal with
dispensaries and compassion clubs, as well as with legalization of
marijuana.

In a statement, the Office of the Minister of Public Safety said
marijuana production and use not addressed by the ACMPR remains illegal.

"This includes storefronts selling marijuana, commonly known as
'dispensaries' and 'compassion clubs.' These operations are illegally
supplied, and provide products that are untested, unregulated and may
be unsafe," the statement said.

"The Government of Canada supports federal, provincial and municipal
enforcement actions to address illegal storefront distribution and
sale of marijuana in Canada. However, the administration of the law is
under provincial jurisdiction and there are differences across the
country in terms of how provinces handle that."

But Tousaw noted that those behind dispensaries and compassion clubs
are likely more than willing to comply with regulations and guidelines
for legalization, if only they could be kept in the loop with the
federal government's plans.

"I think all dispensaries would welcome the ability to participate,"
he said. "Why then is there this reluctance by the federal government
to bring them into the legitimate arena as opposed to treating them as
criminals?"

- - With files from Peter O'Neil and Rob Shaw
- ---
MAP posted-by: Matt