Pubdate: Fri, 26 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

POT ADVOCATES SAY ' NEXT FIGHT' IS LEGALIZING DISPENSARIES

Pot: Mail-Order Delivery Model Is ' Too Restrictive'

The federal government should use a court decision ordering it to 
rewrite the rules on medical marijuana as an opportunity to legalize 
the storefront sale of such medicine, experts and commercial growers say.

A Federal Court judge in British Columbia ruled earlier this week 
that patients have a right to grow their own medical marijuana, 
overturning regulations that forced them to purchase the drug through 
federally licensed producers.

Justice Michael Phelan gave the federal government six months to 
rewrite the current regulations.

But advocates say the government shouldn't stop there.

During a celebratory news conference following Wednesday's landmark 
ruling, John Conroy, lead counsel for the plaintiffs, said the judge 
recognized that the ongoing explosion of illegal dispensaries across 
the country is a result of patients "voting with their feet" to ditch 
the current mail-order system regulated by Ottawa.

"The next fight is making sure the dispensaries are legal," he said. 
"The great majority of patients would like to be able to go to 
something like that. And that needs to happen as the government needs 
to look at the [medical marijuana rules] and the [licensed producers] 
and the dispensaries and come up with a regime that takes all them 
into account."

Justice Phelan concluded that the updated marijuana regulations 
introduced by the previous Conservative government in 2014 are 
"overbroad and arbitrary" because they effectively force patients to 
choose between their medicine and prison.

In the decision, he said that "dispensaries are at the heart of 
cannabis access," and he suggested the growth of such illegal 
storefront shops is connected to the restrictive nature of the 
current medical marijuana system.

The judge also said the evidence in the case "shredded" the 
credibility of the government's expert witnesses who meant to justify 
the overhaul of Canada's medical-marijuana rules. Two witnesses in 
particular - an RCMP expert on organized crime and Surrey's fire 
chief - provided "a lack of objectivity both in data and analysis" 
when arguing against home-grow operations.

"The federal government was and would continue to be the major 
beneficiary of the move to the [revised regulations] in terms of cost 
savings, and the persons who would continue to be most impacted were 
the patients due to the increase in cost [of cannabis products]," 
Justice Phelan stated.

Neil Boyd, head of Simon Fraser University's criminology school and a 
scholar of prohibition, said while Ottawa is retooling its rules to 
allow for home growing, it makes sense to grant the two dozen 
licensed commercial growers the right to face-to-face sales.

"A dispensary is a better venue for distribution than mail order," 
Prof. Boyd said. "That's just not a good delivery model for medicine 
and it's too restrictive."

He said Health Canada wanted to restrict medical pot sales to mail 
orders because of concerns that the product would be diverted to the 
black market. But Justice Phelan ruled that Health Canada provided no 
evidence that the plaintiffs or other licensed home growers were 
selling any pot illegally and "no effort had been made to collect such data."

Philippe Lucas, executive director of the Canadian Medical Cannabis 
Council, which represents three commercial producers, said his group 
is in favour of the government opening up face-to-face sales of 
medical marijuana.

"We'll see what Health Canada decides or how they choose to respond 
to [the court decision], but obviously I don't think that anyone in 
the medical cannabis community right now doesn't foresee a time when 
medical cannabis will be available at community-based outlets - 
whether that will be pharmacies, storefronts or otherwise," said Mr. 
Lucas, who is also a vice-president at Nanaimo-based grower Tilray.

While Health Canada is revisiting its rules on home growing, he said 
it should also conduct a broader review of the program's problems, 
which include restrictions on the types of extracts and costly online 
retention of data.

Brent Zettl, CEO of licensed producer Prairie Plant Systems Inc., 
said a broader system of distribution of medical marijuana could be 
scaled up to include pharmacies, which have recently signalled they 
want to sell the drug.

Michael Haines, CEO of licensed grower Mettrum, said he doubts that 
Health Canada will be able to incorporate such changes to its 
regulations so quickly, and instead he believes storefront sales of 
medical cannabis will come alongside the eventual legalization of 
recreational marijuana, which is expected to take at least a year.

"I don't think they could establish a safe retail system in any short 
order," Mr. Haines said. "Bricks-and-mortar distribution? That's the 
complex aspect of the whole thing."

Jason Wilcox, a cannabis advocate who oversaw the fundraising effort 
to bring the case to the Federal Court, called the ruling a "huge 
blow to the licensed producers and really to the regulatory scheme 
that was introduced by the Conservative Party."
- ---
MAP posted-by: Jay Bergstrom