Pubdate: Tue, 12 Jun 2012
Source: Vancouver Sun (CN BC)
Copyright: 2012 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Ian Mulgrew

OTTAWA DRAGS OUT MEDICAL POT REFORM

The federal government's plan to revamp Canada's medical marijuana 
program and address court-raised constitutional concerns seems half- baked.

The proposed changes ignore a recent B. C. Supreme Court ruling and 
do little to properly address some of the most contentious issues.

In particular, Ottawa intends to continue to permit only dried 
marijuana to be produced, sold and distributed to medical patients 
who will use a new document issued by doctors to buy pot from 
commercial producers.

That decision flies in the face of Justice Robert Johnson's ruling in 
April that patients could make cannabis-infused oils, drink it in 
their tea or bake it into brownies and cookies, not just smoke it.

He said the present restriction was unconstitutional and gave Health 
Canada a year to fix that aspect of the Marihuana Medical Access 
Regulations, as they are legally known.

Kirk Tousaw, the lawyer in the case, said he was surprised Ottawa 
appears to be ignoring the judge's opinion.

"The charter says one thing, the judge cites the charter and the 
government is saying it doesn't care?" he asked.

"I'm thinking of going back in front of the judge and saying, ' Look, 
they have no intention of adhering to your ruling.' It is disturbing, 
to say the least, that Health Canada appears to have given the 
decision ... no regard whatsoever. When will the government of Canada 
begin to respect the charter, the rights of patients and the 
decisions of the B. C. Supreme Court?"

How about just a little common sense: Why would we force people to 
smoke pot if they can take their medicine in a candy bar or a drink? 
Still, we do need new rules. Sick people, doctors and municipalities 
across the country have long been unhappy with the decade-old regime 
and Health Canada solicited feedback from last June through November.

In Tousaw's view, however, the government's report on the 
consultation process and its plans was woefully inadequate, 
especially in light of the recent rulings.

The core of the redesigned program is a new, simplified process for patients.

Instead of applying to the government for an exemption to the 
criminal law to possess marijuana, patients will require only a 
still-to-be- designed document issued by their doctor.

They would no longer carry a government-issued exemption card to 
prove they could legally possess and use the banned plant.

Primarily, though, Ottawa is moving to create a medical marijuana 
production industry to replace the thousands of individual growing 
operations that have proliferated across the country and the single 
authorized producer.

Under the current program, patients are forced to buy pot produced by 
the government approved supplier, grow their own or designate someone 
to grow it for them.

A chorus of local politicians, along with fire and police chiefs, has 
been sending up a refrain that the situation is an unregulated 
nightmare that puts families and neighbourhoods at risk.

As a result, Ottawa wants to phase out the personal and designated 
growers and replace them with businesses that are regularly audited 
and inspected.

The new document issued by doctors will permit patients to buy pot 
from those approved commercial producers via bonded courier or mail.

( Only indoor marijuana production will be allowed.)

Yet many patients across the country made passionate submissions to 
the government that they be allowed to maintain personal exemptions 
to grow cannabis.

They fear the privatization of pot production will push the price of 
their medication out of reach.

The report also paints an incomplete picture of the widespread 
support for licensing compassion clubs.

"From reading it, one would assume that the only support for 
compassion club or other storefront distribution comes from impliedly 
self-interested clubs," Tousaw said. "But many patient advocacy 
groups, patients and even some businesses looking for commercial 
licensing to grow medicinal cannabis support a retail distribution model."

The government hopes to finalize the new regulations next year and 
consider further public input at that point.

There's lots of room for improvement.
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MAP posted-by: Jay Bergstrom