Pubdate: Fri, 14 Jun 2013
Source: Windsor Star (CN ON)
Copyright: 2013 The Windsor Star
Contact:  http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Ian Mulgrew
Page: A8

INDOOR POT GARDENS

On April Fool's Day next year, Ottawa is officially quitting the pot
business and simultaneously uprooting thousands of home-grow
operations across the country.

After two years of consultation and review, the federal government
announced an overhaul of the medical marijuana program on Monday.

The details will be published June 19, but Health Minister Leona
Aglukkaq is banning the indoor pot gardens that are the bane of police
departments, fire marshals and municipalities.

A marijuana mail-order system for the ailing will be established.
"While the courts have said that there must be reasonable access to a
legal source of marijuana for medical purposes, we believe that this
must be done in a controlled fashion in order to protect public
safety," Aglukkaq said.

She maintained that the 12-year-old medical marijuana program had
grown exponentially - from under 500 persons to more than 30,000.

The unintended consequences of having so many Canadians exempt from
the criminal law and allowing thousands to grow marijuana in their
homes have proven too difficult to manage, Aglukkaq said.

Under the new rules, municipal zoning laws must be respected, and
marijuana may only be grown by strictly regulated licensed producers
who will sell their product by mail.

Her sympathies clearly lay with civic authorities rather than the sick
- - Aglukkaq made the announcement from an Ottawa fire hall, not a
health setting.

Advocates for the illegal compassion clubs (who lobbied Ottawa for
legitimacy during the consultation process), as well as home-growers
and patients (upset about predicted cost increases), promised litigation.

The new rules continue to prohibit the dispensaries which tolerate the
illicit operations, to change their laissez-faire policies and shutter
them.

A lawyer who represents a coalition of people against the repeal of
the current program, John Conroy said litigation is inevitable.

"We'll seek a constitutional declaration that the new regulations are
unconstitutional in that they fail to provide for personal
production," he said.

"We'll seek a restraining order or injunction to prevent the
introduction of the no-growing prohibition, and we'll ask the court to
give the government a year to fix the new regulations to rectify the
problem. If that fails, we'll sue them for damages. All these folks
spent considerable amounts of money setting up grows."

Kirk Tousaw, a Vancouver Island lawyer and marijuana advocate, said it
was unfortunate that Health Canada wanted to dispute patients' rights
in court. Most people can produce marijuana for between $1 and $4 a
gram, but it sells for between $8 and $10 a gram on the black market
or in a compassion club. Legal pricing under the new regulations was
predicted by Ottawa to be much higher.

The marijuana movement's most recognized voice, Jodie Emery, wanted
the government to recognize that the "clubs and dispensaries are doing
invaluable work that should be applauded and authorized by Health
Canada," not left in limbo.

"The proposed plan of allowing many private businesses to provide
marijuana to patients is a very good one, but the freedom of choice
for access shouldn't be restricted or monopolized," she explained.

"Growing their own cannabis and accessing it from dispensaries should
still be options available for patients."

The old rules will apply until March 31, 2014.
- ---
MAP posted-by: Matt