Pubdate: Thu, 25 Feb 2016
Source: Globe and Mail (Canada)
Copyright: 2016 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Mike Hager, with a report from Daniel Leblanc in Ottawa
Page: A4

Medical Marijuana

CANADIANS CAN GROW THEIR OWN, COURT RULES

Sick Canadians have the right to grow their own medical marijuana, a 
Federal Court judge ruled Wednesday, striking down a ban on home 
growing that was introduced when Ottawa moved to a system of 
large-scale commercial producers.

The decision, released Wednesday, will force the federal government 
to rewrite the rules for medical pot for the second time in just a 
few years - a process that will unfold as the Liberals also work to 
legalize the drug for recreational use.

The court suspended its judgment for six months to give the federal 
government time to rewrite its medical marijuana regulations, which 
the judge ruled are "over broad and arbitrary" because they 
effectively force patients to choose between their medicine and prison.

"I agree that the plaintiffs have, on a balance of probabilities, 
demonstrated that cannabis can be produced safely and securely with 
limited risk to public safety and consistently with the promotion of 
public health," Justice Michael Phelan wrote.

John Berfelo, a cannabis advocate who wasn't a plaintiff but helped 
raise money to cover legal costs, said Wednesday's ruling means he no 
longer has to live in fear of the government destroying his 144 
plants in Abbotsford, east of Vancouver. He and thousands of others 
have been able to continue growing their own marijuana under a court 
injunction.

"A win for me now just means I don't have to go into hiding - it's 
just amazing," said Mr. Berfelo, who started substituting marijuana 
for opioids in 2007 to cope with a horrific spinal injury suffered in 
the workplace.

The ruling comes at a pivotal time for marijuana policy in Canada. 
The Liberals won last year's federal election with a promise to 
legalize pot, a process that is expected to take more than a year.

At the same time, licensed producers have been lobbying the 
government for a role in recreational production, while pharmacy 
chains have signalled they want to sell the drug. Municipalities, 
meanwhile, are dealing with the proliferation of illegal dispensaries.

The Federal Court case was launched by four B.C. patients who 
challenged the constitutionality of the former Conservative 
government's 2014 overhaul of the medical marijuana system. The 
updated regulations prohibited home grow-ops and established a 
network of large commercial growers that ship their products directly 
to customers.

But Justice Phelan ruled the current system does not guarantee that 
"the necessary quality, strain and quantity [of cannabis] will be 
available when needed at some acceptable level of pricing."

The judge rejected arguments from government lawyers, who claimed 
home grow-ops posed security, fire and health risks for patients, 
their neighbours and children who may be exposed to the drug.

The ruling also extends an ongoing injunction for roughly 28,000 
Canadians who were licensed to produce their own medicinal marijuana 
under the old system.

Health Minister Jane Philpott did not rule out appealing the 
decision, but she also made it clear the regulations that were struck 
down were designed by the previous Conservative government.

She said the Liberals will ensure marijuana remains available to 
Canadians for medical purposes, suggesting the federal response could 
involve looser regulations.

"My priority is to make sure, on the matter of medical marijuana, 
that Canadians who require access to it have fair access," Ms. 
Philpott told reporters in Ottawa.

She insisted the ruling does not have any implications for the 
government's ongoing plans to legalize marijuana for recreational purposes.

About two dozen commercial producers are currently shipping dried 
marijuana and, more recently, cannabis oils to roughly 30,000 
patients, according to the latest data from Health Canada.

Brent Zettl, CEO of licensed producer Prairie Plant Systems Inc., 
said he can envision a hybrid system in which the government keeps 
regulating the existing large-scale growers while allowing other 
patients to grow their own.

Still, the "hassle factor" is too high for most patients to start 
growing their own, said Mr. Zettl, whose company was the sole 
commercial provider for federally approved patients for more than a decade.
- ---
MAP posted-by: Jay Bergstrom