Pubdate: Tue, 16 Dec 2014
Source: Province, The (CN BC)
Copyright: 2014 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: James Keller
Page: A7
Referenced: Judgment (December 15, 2014): http://mapinc.org/url/NA2yLSbG

COURT UPHOLDS MARIJUANA INJUNCTION

The Conservative government has lost its latest attempt to prevent
medical-marijuana users from growing pot at home, with the Federal
Court of Appeal upholding an injunction that exempted patients from a
massive overhaul of the system.

New rules were introduced earlier this year that prohibited home
growing and instead shifted production to commercial operations, but a
group of patients is challenging that regime in a case expected to be
heard in the new year.

A Federal Court judge issued an injunction in the spring that allowed
patients who were authorized to grow and possess marijuana under the
old system to continue to do so until their case is resolved. The
government appealed, but the Appeal Court released a unanimous
decision Monday upholding the injunction.

"It's very significant," Kirk Tousaw, a lawyer for the four plaintiffs
in the case, said in an interview. "The big fear was that if the
government's appeal was successful, then all of these people who have
been protected by the injunction could very well turn into criminals
overnight."

The previous medical-marijuana regime, which was introduced in 2001,
allowed patients to either grow their own pot, designate someone to
grow it for them or buy it directly from Health Canada.

The Federal Court trial is set to begin in February. The injunction
preserves patients' right to grow their own marijuana at least until a
decision is issued.

Health Canada says it doesn't know how many patients continue to grow
their own marijuana because of the injunction.
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MAP posted-by: Matt