Pubdate: Sat, 22 Mar 2014
Source: Winnipeg Free Press (CN MB)
Copyright: 2014 Winnipeg Free Press
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: James Keller
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDS' BID TO SNUFF HOME GROWERS GOES UP IN SMOKE

VANCOUVER - The Conservative government's plan to move medical 
marijuana plants out of patients' basements and into commercial 
facilities was dealt a significant setback Friday, after a Federal 
Court judge ruled anyone already licensed to grow the drug may 
continue to do so.

Judge Michael Manson issued an injunction exempting patients who are 
licensed to possess or grow medical marijuana under the current 
rules, either for themselves or someone else, from new regulations 
that would have made the practice illegal.

A group of patients behind a constitutional challenge asked for an 
injunction to preserve the status quo until their legal case goes to trial.

The federal government announced its plans to overhaul the production 
of medical pot last year, arguing the current system had grown out of 
control and was rife with problems ranging from unsafe grow-ops to 
infiltration by criminals.

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

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 complained 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 expected.

"This group will be irreparably harmed by the effects of the (new 
regulations)," wrote Manson.

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

Under the terms of the injunction, patients who were licensed to grow 
marijuana as of Sept. 30 of last year can continue to do so. The 
ruling also applies to anyone approved since that date.

Patients will be restricted to possessing 150 grams of dried 
marijuana, which is a limit set by the new regulations, the decision says.

Health Canada had warned that any patients licensed to grow pot who 
didn't confirm they had destroyed their plants would be reported to the police.

In a written statement, Health Canada said the department was 
reviewing the decision and considering its options. "Health Canada is 
committed to the implementation of the Marijuana for Medical Purposes 
Regulations in order to provide Canadians reasonable access to dried 
marijuana for medical purposes, while protecting public safety," said 
the statement, which also repeated many of the government's arguments 
in favour of the changes.

John Conroy, the lawyer for the patients, said they clearly have a 
right to access medical marijuana they can afford.

"Economic access to the medicine is a factor, and not coming up with 
a scheme that covers everybody is not a viable exemption," Conroy 
said in an interview.
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MAP posted-by: Jay Bergstrom