Pubdate: 10 Mar 1997 Source: Chris Clay Author: Neev Tapiero Note: MAP is archiving each of the affidavits filed in the Chris Clay Constitutional Challenge to preserve these important documents. Bookmark: http://www.mapinc.org/clay.htm (Clay, Chris) ONTARIO COURT (GENERAL DIVISION) (SOUTHWEST REGION) BETWEEN HER MAJESTY THE QUEEN Respondent -and- CHRISTOPHER CLAY Applicant AFFIDAVIT OF NEEV TAPIERO I, NEEV TAPIERO, of the City of Toronto in the Prnvinee of Ontario, MAKE OATH AND SAY AS FOLLOWS: 1. I am a 25 year old student at Ryerson Polytechnical University in Toronto, Ontario. I became interested in the medical use of cannabis sativa and have been studying the application of marijuana for medicijnl purposes for the past two years. 2. As a result of my studies, I have been interested in the formation of a local Buyer's Club in Toronto. A Buyers' Club is a public organization that supplies people wuth cannabis sativa for diagnosed medical needs. Such a club has been operating successlully for a number of years in San Francisco. A buyer's club provides marihuana that is affordable and of a quality that is both safe and effective for the club's members. in order to become a member, a letter of diagnosis from a medical doctor and a release of confidential medical information to confirm the diagnosis is required. People with recognized ailments such as cancer, multiple sclerosis, spinal paralysis, glaucoma, arthritis, migraines, and AIDS often qualify for membership. In order to become a member there are certain rules that must be followed. Members will often have the amount of cannabis they receive limited to a daily dosage and are strictly prohibited from trafficking or sharing their medical cannabis with non-members. Other rules include no driving after ingestion of the cammbis. The staff is trained to deal with each patient in a compassionate manner in order to create an atmosphere of relaxation. 3. Over the past 9 months I have been meeting with The Drug Treatment Coordinator at the People With AIDS Foundation in Toronto. We have discussed the viability of a buyer's club in Toronto and the potential benefit this organization would have for AIDS patients in the Toronto area. 4. Most recently I have endeavoured to discover the Canadian federal government's a-. position on the medical use of cannabis sativa in order to determine whether or not a buyer's club could be established in Toronto. From conversations I have had with several AIDS patients, I learnt that some AIDS patients have been receiving prescriptions from their physicians for synthetic THC (the active ingredient in cannabis sativa) which is known by the trade name, "Marinol". I have been informed and do verily believe that these patients are dissatisfied with the therapeutic effects of the synthetic marijuana and, as a result, I initiated correspondence with the Bureau of Dangerous Drug Surveillance in order to determine if and how, medical marijuana in a plant form could be legally distributed. On November 18, 1996 I wrote my first letter to Bruce Rowsell, the Director of the Bureau of Dangerous Drug Surveillance, discussing the medical uses of cannabis sativa. I inquired into the Ministry of Health's position on the medical use of cannabis sativa and the process involved in obtaining a permit to possess and distribute cannabis sativa to people with medical needs. Attached hereto to this my affidavit as Exhibit "A" is a copy of my letter of November 18, 1997. 5. Mr. Rowsell responded with a letter dated November 29, 1996. Mr. Rowsell stated that the distribution of a drug listed in the Narcotics Control Act is only permitted for a licensed institution to distribute to another licensed institution such as a hospital. He also stated that no scientific research had been provided to the Bureau of Dangerous Drugs to indicate that marihuana effectively treats a medical condition. Hereto to this my affidavit as Exhibit "B" is a copy of Mr. Rowsell's leiter ofNovember 29, 1996. As a result, I sent a further letter, dated January 20,1997 to Mr. Rowsell indicating my disagreement with the government's assessment of the medical value of cannabis sativa. Attached hereto to this my affidavit as Exhibit "C" is a copy of my letter dated January 20, 1997. 6. In a subsequent letter dated February 4th, 1997, Mr. Rowsell indicated that Health Canada has not undertaken any scientific studies to determine the value of cannabis sativa in treating a medical condition. He stated that such research is conducted by pharmaceutical companies or research institutions according to acceptable scientific protocol. This protocol was not defined by Mr. Rowsell. Attached hereto to this my affidavit as Exhibit "D" is a copy of Mr. Rowsell's letter of February 4, 1997. 7. In a letter dated February 6th, I sent a copy of an article by Dr. Jerome Kassirer, M.D., in the January 30th, 1997 edition of the New England Journal of Medicine. This article endorses the medical applications of cannabis sativa, and as a result of the publication of this article, I questioned whether the government could maintain its position on the medicinal use of marihuana. Attached hereto to this my affidavit is a copy of my letter dated February 6, 1997 with the attached article from the New England Journal of Medicine. Sworn before me at the City of Toronto in the province of Ontario, this 10th day of March, 1997 Neev Tapiero