Pubdate: Sat, 22 Mar 2014
Source: Globe and Mail (Canada)
Copyright: 2014 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: James Keller (with files from Isabel Teotonio)
Page: A8

LICENSED POT GROWERS CAN BREATHE EASY

Court injunction permits patients to keep growing marijuana despite
new law

VANCOUVER- Patients who are licensed to grow their own pot will be
permitted to continue producing the drug despite regulations banning
homegrown medical marijuana starting April 1, a Federal Court judge
ruled Friday.

Judge Michael Manson granted an application from a group of medical
marijuana patients, who asked for a temporary injunction to preserve
the status quo until a constitutional challenge of the new system can
be heard.

The decision represents a significant blow, at least in the short
term, to the Conservative government's attempt to overhaul this
country's medical-marijuana system, which it says is rife with
problems ranging from unsafe grow-ops to infiltration by criminals.

The new regulations restrict medical marijuana production to
commercial growers, though the injunction does not affect the new
licensing system.

Health Canada had warned any patient licensed to grow pot under the
current rules must confirm they have destroyed their plants or they
would be reported to the police.

The plaintiffs in the lawsuit argued the updated regulations violate
their right to access important medicine, because marijuana is
expected to initially be more expensive under the new system. They
also say they won't have as much control over which strains of the
drug they use.

The judge concluded some patients will not be able to afford marijuana
if prices increase as they are predicted to do under the new system.
"This group will be irreparably harmed by the effects of the (new
regulations)," Manson said in a written decision.

"I find that the nature of the irreparable harm that the applicants
will suffer under the (updated regulations) constitutes a 'clear
case,' which outweighs the public interest in wholly maintaining the
enacted regulations."

Immediately following the ruling, lawyer John Conroy, who represents
the plaintiffs, was so busy answering phone calls he didn't have the
time to get reaction from his clients. But, he assumed that all across
Canada patients who grow their own cannabis were "very, very happy."

"Many have been (growing) for a long time and spent considerable
amounts putting things together, they've perfected their situation,
they do it safely," said Conroy. "Many of them could not afford the
licensed-producer prices and would have, therefore, had to go without
or if they continued (to grow) be at risk of being charged and
arrested. So I'm sure they're very, very happy." He was right. One
Fort Erie, Ont., user and grower, who had vowed to break the law and
keep growing after April 1, called the ruling "amazing." "I'm
ecstatic," said William, who asked that his real name not be used.
Under the terms of the injunction, patients who were licensed to
possess or grow marijuana, whether for their own personal use or as a
designated person for another patient, as of Sept. 30 of last year can
continue to do so. Those patients will be permitted to possess up to
150 grams of marijuana, the decision says. That amount is too
limiting, says Alison Myrden, who uses cannabis to ea! se the symptoms
of multiple sclerosis and tic douloureux, a nervous system disorder
that causes facial pain.

"Patients like me use 150 grams a day, so I'm concerned" says Myrden
who smokes marijuana and consumes it in oil, edibles, teas, tinctures
and creams. The 150-gram limit on possession means Myrden can never
have more than a day's worth of medicine on her at one time. The
Federal Court ruling notes the potential for the injunction to affect
the commercial market, but Manson writes the impact will be
short-lived. A trial has not been scheduled, though Manson's judgment
says a trial is expected within nine to 12 months.
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