Pubdate: Fri, 11 Mar 2016
Source: Journal, The (CN ON Edu)
Copyright: 2016 The Queen's Journal
Contact:  http://www.queensjournal.ca/
Details: http://www.mapinc.org/media/3942
Author: Kyle Curlew

HOMEGROWN MEDICINAL MARIJUANA

There may be an increase in DIY greenhouses in the coming months as 
the federal court cuts into current medical marijuana laws.

With permission from Health Canada and doctors, patients who suffer 
from chronic pain, nausea and lack of appetite due to afflictions 
like cancer or AIDS, can puff on some state-sponsored ganja.

Like any drug, there are side effects, however the benefits of 
medicinal use is undisputed, according to the Federal Court Decision.

Though there are already a small percentage of medicinal users that 
are able to grow their own pot, federal law has largely frowned on 
these legal grow ops. But recently these laws have been struck down 
in a somewhat surprising court ruling.

Judge Michael Phelan rules that current restrictions on homegrown 
medicinal pot contradicted Charter rights. However, the judge put 
this decision on hold for six months so the federal government could 
tidy up laws to prepare for the changes. This decision has no effect 
on the current push to legalize recreational toking.

Why is this such a controversial decision? The court minutes 
described the back-and-forth debate as so intense that it resembled a 
"religious fervour" - forcing the court to take an extra skeptical 
and careful stance.

The opponents to the court decision offered potential issues 
including fire hazards, health hazards, risks of home invasion, 
possibilities of mould infections, or feeding marijuana back into the 
black market.

However, other issues arose in 2013, when the conservative government 
passed the "Marijuana for Medical Purposes Regulations" working to 
ban homegrown pot in favor of standardized, licenced producers.

These regulations created an increased financial burden on patients 
who were unable to afford purchasing medication from licensed 
producers - resulting in some patients breaking the law to protect 
their supply of medicine.

This is particularly important for students, traditionally in 
constant economic turmoil, who might be taking advantage of medicinal 
marijuana.

The opportunity for students to grow their own medicine could be an 
enormous financial relief.

The court did a great job of balancing the negative and positive 
repercussions of such a decision with a regard for overall public health.

This new system will leave the choice of how patients procure their 
medicine up to the patients. However, when the six month hold on the 
Federal Court decision expires, it's uncertain how any of this will play out.

It's worth noting that just because patients will now have a choice 
to grow their own plants, this doesn't mean they will necessarily 
choose to grow it. The process of growing marijuana for regular use 
is work intensive and requires extensive knowledge of gardening and 
horticulture.

The legality of homegrown medical marijuana shouldn't hinge on the 
religious, political or cultural opinions of others. This decision 
needs to consider scientific and medical dimensions, as well as 
important socio-economic dimensions.

While these legal issues hang in limbo for the next six months - sick 
patients, many who can't afford regular medication, wait for legal 
inclusion in an overly restricted system.
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MAP posted-by: Jay Bergstrom