Pubdate: Thu, 23 Feb 2017
Source: Globe and Mail (Canada)
Copyright: 2017 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Mike Hager
Page: S1

TORONTO POT SHOP SEEKS COURT APPROVAL TO CIRCUMVENT CURRENT SYSTEM

An illegal cannabis dispensary in Toronto has filed a suit in Federal
Court to enshrine its right to sell the drug to its patients, alleging
Canada's current mail-order medical marijuana system does not provide
reasonable access to pot.

Phytos Apothecary and Wellness Centre alleges that, despite a Federal
Court ruling last year overturning the medical marijuana rules to
allow patients to grow cannabis at home, the current system still
creates "significant and undue burdens" for thousands of sick
Canadians trying to get reasonable access to the drug of their choice.

The statement of claim, filed Feb. 6 in Vancouver, alleges that
patients are turning to the hundreds of illegal dispensaries popping
up across the country because the legal system makes it too hard for
them to find appropriate doses or forms of cannabis products at an
affordable price.

Under the current system, it is also hard for many people to find a
doctor willing to prescribe the drug or, if they want to grow their
own cannabis, go through the "onerous application process and comply
with stringent conditions that are neither necessary nor reasonable,"
the lawsuit alleges.

Phytos would apply to produce and sell cannabis to patients under the
current medical pot rules, the suit states, but that licensing process
takes years, "requires the expenditure of at least hundreds of
thousands of dollars, and more likely millions of dollars, and
contains internal barriers that are simply not able to be overcome by
most applicants or would-be applicants."

The dispensary, which has one Toronto location that serves hundreds of
members, is asking the court to exempt it from federal drug laws and
throw out the rules of the current medical marijuana system so that it
can provide patients with reasonable access to medical pot.

Since the federal Liberals swept to power in the 2015 election
promising to legalize recreational marijuana, hundreds of illegal
dispensaries have opened across the country, spreading from a hub of
roughly 100 in Vancouver to Toronto and cities further east.

Vancouver's approach of regulating - not raiding - its dispensaries
stands in stark contrast to Toronto, where police and politicians say
a continuing crackdown has become more urgent as these pot shops have
become a magnet for violent thieves because some owners are reluctant
to report robberies.

Civic and provincial politicians are waiting on the coming
legalization bill to give some guidance as to where the drug may be
sold once it is legalized.

In the meantime, Kirk Tousaw, the B.C.-based lawyer who won the
Federal Court case last year and is now representing Phytos, says the
courts must enshrine the right of Canadians to access face-to-face
sales of medical marijuana.

"The aggregate cost to the taxpayer of these [dispensary] raids is in
the multiple millions of dollars," Mr. Tousaw told The Globe and Mail
on Wednesday.

"Patients continue to have incredible difficulties accessing cannabis
lawfully through the federal model."

He said he does not know whether a judge will postpone hearing the
case until the government crafts new rules for medical and
recreational cannabis, but that legislation should not affect this
challenge.

"It's absolutely critical that patients get taken care of, whatever
legalization looks like," Mr. Tousaw said.

He said he is hoping this new lawsuit will be able to piggyback on
last year's successful challenge because both argue that Ottawa's
medical cannabis rules effectively force some patients to choose
between their medicine and prison.

The federal government asked for a 15-day extension to file its
statement of defence in this case and now has close to a month left to
respond to Phytos, Mr. Tousaw said.

Health Minister Jane Philpott would not comment on the legal
challenge, but her spokesperson said the current medical marijuana
system will be assessed to ensure it does provide

access to patients while protecting the public and keeping the drug
away from children.

Health Canada would not comment on the case, as it is before the
courts. A spokesperson said the department, which is currently under
fire from patients for letting licensed growers use banned pesticides,
addressed the issue of reasonable access to cannabis after losing last
year's court case.

"Health Canada's position on dispensaries has been consistent: These
facilities are unlicensed by the federal government, illegally
supplied, and sell products that may be contaminated or otherwise
unsafe," Suzane Aboueid said in an e-mailed statement.
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