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Medicinal Marijuana User Takes Ottawa, Province, And
Pubdate: Wed, 28 Aug 2002
Source: Saanich News (CN BC)
Contact: http://www.saanichnews.com
Details: http://www.mapinc.org/media/1209
Author: Vern Faulkner
MEDICINAL MARIJUANA USER TAKES OTTAWA, PROVINCE, AND COLLEGE OF PHYSICIANS
TO COURT
Eric Young Has Taken His Battle To Secure Medicinal Marijuana To The
Supreme Court Of BC
A Saanich man is taking two levels of government and the College of
Physicians and Surgeons to court in order to secure his right to consume
marijuana.
Eric Young suffers from multiple sclerosis, and is one of about 800 people
across the country legally allowed to possess and consume marijuana to help
manage his condition.
Changes to federal regulations state that Young must obtain a prescription
from a designated specialist in order to legally obtain and use marijuana.
Yet the College of Physicians and Surgeons has issued a directive that
Young and his lawyer, Lloyd Duhaime, interpret as nothing less than an
order to its members mandating them not to prescribe the material.
The directive, Duhaime says, deprives Young of his rights -- as granted
under the Charter of Rights and Freedoms, and they have lodged a petition
to the Supreme Court of B.C. naming the college, and both the federal and
provincial governments as respondents.
The intent, says Duhaime, is to secure Young the right to utilize an
effective drug proven to provide relief, and should be given the same right
to obtain medication as patients with other permanent conditions.
'He's about to lose his medication, because the government has made it
impossible -- and I'm not exaggerating -- to get,' says Duhaime.
Federal legislation indicates only a designated specialist can issue a
prescription for marijuana, but Duhaime says the college has not designated
any physician with that power.
'They've gone one step further -- they've written all their specialists and
told them not to issue any prescriptions,' Duhaime claims.
The official position statement of the college states that 'Physicians are
advised that they should not prescribe any drug for their patients without
knowing the risks, benefits, potential complications and drug
interactions....' and further states that physicians could be considered
liable for side-effects encountered if the drug has not passed the same
tests required of other pharmaceuticals.
Dr. Morris VanAndel, registrar for the college, says that if physicians are
ordered to treat marijuana as a prescription drug, it would be wise for
doctors to wait until marijuana undergoes the same battery of tests other
drugs must pass to be declared safe for prescription.
VanAndel says the College's main concern is that physicians will be deluged
with requests to prescribe marijuana to those who don't have a legitimate need.
'The flaw in this whole argument is that the federal government has made
the gatekeepers for medical marijuana,' VanAndel declares.
VanAndel says Young isn't being prevented from achieving his goals. 'I
don't see that in our position,' VanAndel asserts.
However, VanAndel skirts around the fact that physicians will likely not
have experience prescribing marijuana, as they have not been allowed to --
until now.
The college position statement adds that there are very few published
studies available on the benefits of marijuana in its smoked form. Yet
numerous studies in medical journals dating back to 1989 outline the
benefits multiple sclerosis patients gain from smoking marijuana while
indicating side effects similar to -- or less serious than -- other
prescription medications used to control the disorder.
The college's main concern lies with claims that marijuana assists in pain
relief, VanAndel concedes.
'There's nothing that says that (a physician) who has experience with MS,
and with prescribing marijuana, could not prescribe it,' says VanAndel.
'Those who prescribe it should be knowledgeable in that area,' he reiterates.
But Duhaime says that the college isn't being flexible, and by its actions
is preventing Young from a reasonable medical decision.
'We got a response back from the doctors,' Duhaime says. 'They've called
our action frivolous. That's just insulting to Eric, given that this guy
has serious multiple sclerosis.'
Young was reluctant to discuss his situation in detail, because the matter
is before the court, but suggests doctors might feel pressured by
pharmaceutical companies.
'They don't want medical marijuana to advance, because it has beneficial
advantages,' Young explains. 'Most pharmaceutical (companies) won't make
money off it -- they're not interested in the promotion of marijuana.'
Young is also near to the end of the exemption period allowing him to
legally smoke marijuana, and Duhaime says that the College of Physicians
and Surgeons is stonewalling attempts to grant another exemption --
which would effectively strip Young of the legal right to use marijuana. If
that status doesn't change, Duhaime says that he will be forced to make
further legal challenges, or seek assistance from the federal government.
'Hopefully, (federal Health Minister) Anne McLellan will give him a short
extension,' Duhaime explains.
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