Pubdate: Tue, 07 Oct 2003 Source: Kitchener-Waterloo Record (CN ON) Copyright: 2003 Kitchener-Waterloo Record Contact: http://www.therecord.com/ Details: http://www.mapinc.org/media/225 Bookmark: http://www.mapinc.org/people/Alison+Myrden MEDICINAL POT USERS FEEL BURNED Ruling Could Mean Canadians Will Have To Get Their Marijuana From Black Market Alison Myrden says a legal supply of marijuana is "critical" for her because the drug helps her deal with the pain of chronic progressive multiple sclerosis. Canadians who are allowed to use medicinal marijuana could be forced to buy their medicine from the black market if a decision by the Ontario Court of Appeal, expected today, rules that the federal government doesn't have to provide pot to critically ill people. Alison Myrden, one of the litigants in the case, said the issue of having a legal supply of marijuana is "critical" for her because the drug -- which she takes instead of more than 30 pills and morphine -- helps her deal with the pain of chronic progressive multiple sclerosis and other ailments. "I'm not walking away without winning," she said. "I've been fighting to get the government to supply me for four years. That's all I want. I never wanted to break the law." Myrden said she hasn't yet applied to receive the government-grown marijuana due to quality concerns. So far, the pot being grown in Flin Flon, Man., by a company on contract to the government hasn't had good reviews. In today's ruling, the Ontario court could force the government to continue supplying pot to medicinal users, while allowing it to uphold the laws prohibiting pot possession. The court could also rule the government doesn't have to provide a legal source of pot to medicinal users, and continue to prohibit possession of the drug. That would mean that people who are approved to use the drug would have to turn to an illegal supply source. Another possibility is the court ruling that the laws prohibiting marijuana possession are unconstitutional and hurt those who use pot for medical reasons. Although the court can make further comments about Canada's medicinal marijuana program, those are three possible outcomes of the decision, said Alan Young, one of the lawyers arguing the case for seven ill people who sued the government for a legal source of pot. "The decision could effectively recriminalize marijuana or it could confirm that the law does not exist because of deficiencies in the medical program," Young said in an interview yesterday. While that might decriminalize the possession of small amounts of pot, the issue of who could distribute marijuana would still have to be dealt with, he said. "Just because you decriminalize marijuana possession doesn't mean that the people who are going to distribute to medical users will be allowed to do so," Young said, but added that would be the first step towards decriminalizing the drug and establishing legal distribution channels in Canada. The appeal stems from a case in January in which Ontario Superior Court Justice Sidney Lederman ruled it was unfair for the federal government to allow people to use medicinal marijuana but put them in a position where they have to buy it from the black market because Ottawa doesn't provide legal access to cannabis. Lederman gave the government a July 9 deadline to either fix the regulations or supply the pot itself. As a result, the government instituted an interim policy where it supplies pot at set prices to approved users. If the court rules that the government doesn't have to provide marijuana to medicinal users, Young expects the government will scrap its current supply plan. - --- MAP posted-by: Larry Stevens