Pubdate: Wed, 14 May 2014
Source: Alberni Valley Times (CN BC)
Copyright: 2014 Glacier Community Media
Contact:  http://www.avtimes.net/
Details: http://www.mapinc.org/media/4043
Author: James Keller
Page: 7
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

MORE POT LAWSUITS SPROUT UP IN OTTAWA

The lawsuits challenging Ottawa's attempted overhaul of the medical 
marijuana system continue to pile up, meaning the government will be 
forced to defend the new regulations in multiple courts as patients 
across the country claim they have a charter right to grow their own pot.

Hundreds of people have filed lawsuits in recent months in various 
courts, arguing new regulations that took effect in April restricting 
marijuana production to licensed commercial growers are unconstitutional.

Most of those cases have been delayed until the results of an ongoing 
Federal Court case, expected to be heard in February of next year, 
challenging the new regime. The judge in that case issued an 
injunction allowing many patients to continue growing at home in the meantime.

But three patients in B.C. say their circumstances are too different 
to simply wait for the existing Federal Court case to play out. Even 
the injunction in the earlier case, they say, doesn't go far enough 
to meet their medical marijuana needs.

A B.C. Supreme Court judge has ruled the men's legal action can 
continue, even as the Federal Court hears similar arguments. The 
federal government had asked for the cases to be delayed.

"The plaintiffs are alleging that the medical marijuana laws 
interfere with their charter rights in a way that is deeply personal 
and which has grave impacts on their health," Judge Susan Griffin 
wrote in a decision posted to the court's website Tuesday.

Griffin said it would be "unjust" to make the three men wait for the 
Federal Court case, which involves different plaintiffs and a 
different set of facts.

In the Federal Court case, a group of patients are alleging the 
updated regulations prevent them from adequately accessing medicine 
they need, because pot prices were expected to be higher under the 
new system and patients won't be able to control the strains they consume.

A judge issued an injunction in March that said patients who were 
previously licensed to grow or possess marijuana under the old rules 
could continue to do so, though the judge said they could only 
possess dried marijuana and only 150 grams at a time. Both of those 
restrictions are contained in the new rules.

The federal government is appealing the injunction.

The B.C. Supreme Court case involves Kevin Garber, Philip Newmarch 
and Timothy Sproule, who all use marijuana to treat a variety of 
medical ailments.

Garber, who is also asthmatic, consumes marijuana tea, while Newmarch 
and Garber also say they prefer to consume marijuana in non-dried 
forms, such oils or resin.

Their lawsuits argue limiting patients to dried marijuana means they 
cannot consume it in the way that works best for them.

They also say the 150-gram possession limit means they cannot travel 
far from home without risking running out of their medical marijuana. 
They plan to argue the limit infringes on their mobility rights under 
the charter.

Their lawyer Kirk Tousaw, said he'll be asking for a temporary 
injunction to exempt his clients from the new rules until their cases 
are heard, which isn't likely to happen until some time next year.
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