Pubdate: Sat, 22 Mar 2014
Source: Prince George Citizen (CN BC)
Copyright: 2014 Prince George Citizen
Contact:  http://www.princegeorgecitizen.com/
Details: http://www.mapinc.org/media/350
Author: Christine Hinzmann
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDERAL JUDGE IMPOSES MEDICAL MARIJUANA GROWING REPRIEVE

A Prince George man who legally grows marijuana in his home for 
medical purposes is pleased that a federal court judge has struck 
down a federal ban that was set to take effect April 1.

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.

"Now it's not a given that the next court case will go in their 
favour but I rather suspect it will because all the other court cases 
the government has taken to court have lost so they don't have a very 
good track record," said Tom, whose name has been changed to protect 
his identity.

With so much uncertainty, he said he's stopped growing for now but 
built up a surplus to last him for awhile.

"I'll see what's going to happen but it's definitely a win today," said Tom.

Tom was featured in The Citizen in June 2013, when the government 
first announced its plan.

Tom, who had throat cancer, said marijuana helps him sleep and deal 
with anxiety. Tom is licenced to grow up to 25 plants but he only 
grows about half of that.

Using the pot he grows in his garage, he makes marijuana infused 
butter for use in cookie recipes. He eats about half a cookie each 
evening shortly before bedtime.

The decision represents a significant blow, at least in the short 
term, to the Conservative government's attempt to overhaul Canada'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.

"I really think the federal government is bullying people and 
bullying people who are sick," said Tom. "They are using scare 
tactics by telling them their names will be turned over to police as 
of the first of April and there will be a knock on their door and 
they are intimidating them and this judge put a stop to everything."

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 said 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."

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.

Canada first regulated medical marijuana in 2001, but only after the 
government was forced to do so by the courts. A year earlier, an 
Ontario court concluded the law at the time violated the rights of 
sick people who used pot to alleviate their symptoms.

The number of people authorized to possess - and often grow - 
marijuana has increased to 37,000 this year from fewer than 100 in 
2001. The federal government says the current licences translate to 
about 3.5 million plants.

The Stephen Harper government announced a significant overhaul of the 
system last year and has since been accepting applications from 
commercial growers.

In this week's court hearing, a government lawyer said there is no 
constitutional right to cheap medicine, and he argued there was no 
scientific evidence to show specific strains of marijuana are better 
suited to particular illnesses or patients.

The patients' lawyer suggested the government had offered little 
concrete evidence that the medical marijuana system actually poses as 
many risks as it claims.

While the injunction application didn't specifically target the new 
commercial licensing regime, the government argued that allowing some 
patients to continue growing their own pot would prevent the 
fledgling medical marijuana industry from fully developing.

The Federal Court ruling notes the potential for the injunction to 
affect the commercial market, but Manson writes the impact will be 
short-lived and won't have a major impact on the government's ability 
to implement its regulations.
- ---
MAP posted-by: Jay Bergstrom