Pubdate: Tue, 24 Feb 2015
Source: Victoria Times-Colonist (CN BC)
Copyright: 2015 Times Colonist
Contact: http://www2.canada.com/victoriatimescolonist/letters.html
Website: http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: James Keller
Page: A6

B.C. PATIENTS ASK COURT TO ALLOW THEM TO GROW THEIR MEDICAL MARIJUANA

VANCOUVER - The federal government's decision to prevent Canadians 
from growing their own medical marijuana and instead forcing them to 
buy it from commercial producers has robbed them of affordable access 
to medicine, says a lawyer for a group of patients.

John Conroy, who represents four people challenging last year's 
changes to the medical marijuana system, told Federal Court that some 
patients have been left with little choice but to run afoul of the 
law, either by continuing to grow their own pot or purchasing it on 
the black market.

"The patients continue to be placed in a situation where they have to 
choose between their liberty and their health," Conroy said Monday.

He argued that such a choice violates the charter, and he asked a 
judge to order the government to allow patients to continue growing 
their own medical marijuana.

Patients whose doctors prescribe marijuana have had legal access to 
the drug in Canada since 2001, when the government introduced 
regulations in response to a court decision. Under that regime, 
patients could either grow their own marijuana, designate someone to 
grow it for them, or buy it directly from Health Canada.

The federal government overhauled the system last year, shifting 
production from patients' basements to large-scale commercial operations.

Patients immediately launched a constitutional challenge of the 
updated regulations, and many have been able to continue growing 
under the terms of a temporary court injunction.

Conroy said marijuana sold by commercial producers is too expensive 
for some patients, who can't always find the specific strains that 
work for them.

Shawn Davey, one of the plaintiffs and the trial's first witness, 
told the court he was severely injured in a motorcycle accident 
almost 15 years ago, leaving him with constant pain, memory loss and 
poor balance.

He said he's been using marijuana to treat his symptoms since about 
2002, though he obtained it on the black market until he was approved 
under the federal rules in 2010.

Under the federal system, Davey went through two designated growers 
until he and a friend built a grow-op in a barn, which required more 
than $27,000 worth of equipment. He estimates it costs about $330 a 
month to grow his marijuana, plus about $500 for electricity.

He said his monthly expenses are still lower than they would be if he 
bought marijuana from a licensed producer. While prices range from 
below $5 a gram to $15, Davey suggested he would probably end up 
paying about $8 to $10 per gram for about 750 grams each month.

"I can't do it bro, there's no way," he said, referring to the cost. 
"And I trust what I grow. ... This is my body and I don't want anyone 
else dealing with it."

Conroy said the plaintiffs don't want to dismantle the commercial 
system but that patients should still have the option to grow their 
own marijuana.

Federal government lawyer Jan Brongers said the new regime ensures 
patients have a supply of safe medical marijuana while protecting the 
public from the potential ills of basement grow-ops, such as mould, 
electrical fires and crime.

Brongers said that with the old model of relying on patients to 
produce their own medical marijuana, the government did not 
anticipate the exponential growth in demand.

He also suggested the "enormous quantities" of marijuana consumed by 
some patients aren't "medically justified."

The trial is expected to last several weeks.
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MAP posted-by: Jay Bergstrom