Pubdate: Wed, 18 Sep 2002 Source: Burlington Post (CN ON) Copyright: 2002 Burlington Post Contact: http://www.haltonsearch.com/hr/bp/ Details: http://www.mapinc.org/media/1528 Author: David Harris PATIENTS EXEMPT FROM LAW FOR MARIJUANA POSSESSION STILL CAN'T MAKE LEGAL BUYS It has been known for centuries that, in addition to its intoxicating or psychoactive effect, marijuana has medicinal value. Like many other herbs, it has been used in Asian and Middle Eastern countries for at least 2,600 years for medicinal purposes. It first appeared in Western medicine in AD 60 and was widely used for a variety of ailments, including muscle spasms, until the19th century. Despite this, marijuana use has been banned in Canada throughout most of the last century and anyone caught in possession of it faced criminal sanctions. This changed somewhat following the decision in July 2000 of the Ontario Court of Appeal in a case called Parker. Parker challenged the marijuana laws on the basis that they prevented him from using marijuana to alleviate the symptoms of the very severe form of epilepsy with which he was afflicted. The Court of Appeal agreed, finding that forcing Parker to choose between his health and imprisonment violated his right to liberty and security of the person and did not accord with the principles of fundamental justice. The court therefore declared the prohibition on the possession of marijuana in the Controlled Drugs and Substances Act to be of no force and effect. This declaration of invalidity was suspended for a year, however, so that Parliament could amend the legislation to comply with the Charter. During that period, the marijuana law remained in full force and effect. Parker, however, was entitled to a personal exemption from the possession offence under the Controlled Drugs and Substances Act for possessing marijuana for his medical needs. In reaching its decision, the court noted that Parker derived substantial benefit from smoking marijuana in conjunction with his prescription drugs. If he consumed marijuana on a daily basis, he experienced virtually no seizures. Without marijuana, within three days he experienced seizures again and would have 3-5 grand mal seizures a week and many other less severe seizures. The court also observed that far more dangerous and addictive drugs such as morphine and tranquilizers are subject to regulation rather than outright prohibition in Canada, and a patient can obtain these drugs through a physician's prescription. Of all of the drugs with potential therapeutic effects, marijuana stood out because it was subject to a complete prohibition. Like these other drugs however, the number of people who could legitimately claim access to marijuana for medical purposes is not very large and should have little impact on the huge market for illicit substances. Since the Parker decision, the federal government has enacted regulations allowing certain people to obtain medical exemptions that allow them to possess and grow marijuana. Those eligible include patients who are terminally ill and expected to live less than 12 months and those who suffer pain and other symptoms as a result of multiple sclerosis, cancer, HIV/ AIDS, or severe forms of arthritis or epilepsy. Such exemptions are only issued after the applicant provides a declaration from a medical specialist that conventional forms of treatment have been tried or at least considered and have been found to be inadequate. The screening process is quite rigorous and few applicants will qualify. Nothing has been done, however, to make marijuana legally accessible to those people who do qualify. They may possess marijuana and use it. They may even grow their own plants. But there is no one who can sell it or otherwise provide it to them legally. Government-sanctioned marijuana is grown for research purposes only. As a result even those who may use marijuana legally for medical purposes must still rely on the same old illicit sources to obtain their drugs. - --- MAP posted-by: Alex