Pubdate: Thu, 13 Nov 2003
Source: NOW Magazine (Canada)
Copyright: 2003 NOW Communications Inc.
Contact:  http://www.nowtoronto.com/
Details: http://www.mapinc.org/media/282
Author: Matthew A. Mernagh

COMPASSION CLUBBED

Health Canada Sniffs At Court Ruling That Was Supposed To Open The Door For 
Growers

Imagine city hall just deciding not to grant marriage licences to gay 
couples in Ontario even though there was a court order demanding they do 
so. Health Canada is doing just that to medical marijuana users. Health 
Canada, despite the recent Court of Appeal decision to make medical 
marijuana more available, isn't budging.

Last month, when the court tinkered with the medical marijuana access 
regulations to make them constitutional in a way that medicinal marijuana 
activists thought beneficial, I struck faster than the stereotypical 
pothead lunging for that last roach.

Quickly, I resubmitted an application for a compassion club, or multi-grow 
licence, from Health Canada's cannabis medical access drug strategy and 
controlled substances program. It was the day after the unanimous Court of 
Appeal decision, and the media was indicating that the ruling would 
guarantee a seal of approval for my kind of application.

Within 72 hours I had a decision regarding my attempt to supply the Niagara 
region's terminally and chronically ill with medicinal pot. Denied.

How could it be? After all, the decision said in part that "...There are a 
number of people who already have a source of marijuana and wish to engage 
in a compassion supply of it to those in medical need. It may be not all of 
these people would satisfy the requirements to become (federally licensed 
cultivators). However, we are satisfied that, on record, enough would do so 
that taken together with existing Designated Production Licence holders, 
the DPL mechanism as modified could then provide a licit supply to 
(qualified patients)... (who) would no longer need to access the black 
market to get the marijuana they need."

The decision, by the way, changed an earlier possession ruling that allowed 
people to toke in the streets. The police immediately went out and started 
popping tokers left, right and centre. But Health Canada hasn't reacted at 
all to the ruling and is being extremely obtuse about how it intends to 
proceed.

Trying to wade through Health Canada's red tape, I sought the assistance of 
my local MP, Walt Lastewka, with whom I've been corresponding regarding the 
benefits of medicinal marijuana. Now was the time to smoke the fruits of 
this relationship.

Even though he's a Paul Martin supporter, against gay marriage and 
medicinal and recreational marijuana use, his constituency assistant, Mike 
Haines, put in a phone call on my behalf to Valerie Lasher, director of the 
cannabis medical access program. Shortly after, Haines left a message on my 
answering machine.

"Basically, the lawyers for Health Canada are reviewing the decision, but 
she (Lasher) seemed to indicate that the court decision had no impact on 
the legality of compassion clubs. In her opinion, nothing has changed. 
They're indicating that compassion clubs are still operating outside of the 
law."

Obviously, apathy or stonewalling is policy at HC. Even Health Canada media 
spokesperson Cathryn Saunders adds that "we have until December 5 to 
determine if we are going to appeal the decision. Until that point, we are 
going to assess the implications before we can comment."

Marijuana activist and Osgoode Hall law professor Alan Young responded to 
their statement by saying, "If they say they're not implementing (the 
decision), they are in contempt of court. Period. It's as simple as that. 
They may interpret (the Court of Appeal case) in an obstructionist manner 
that requires us to go back to court, but they do not have the prerogative 
to say they're not complying with (the decision). I'm shocked."

After taking some time to mull over the decision, Young says his whole 
argument would have been different if he'd known the courts were going to 
just make some random changes.

"If I knew those were the rules of engagement, I would've worked on a lot 
more obstacles that are found in the access regulations. For example, no 
one ever talked about the disqualification of people who have narcotic 
convictions within the last 10 years from being producers. What a senseless 
restriction. Some of the best growers who can supply some of the best 
product for a sick person will unfortunately have a criminal record."

Young adds, "With medical marijuana, there doesn't seem to be the political 
will ­ even though we have a directive based on the constitution. I've been 
in court now four, five, times with Health Canada over these issues, and it 
really has to come to an end. Health Canada has not demonstrated good faith."
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