An Edmonton man who ate two grams of marijuana a day for about 10 years to deal with lower back pain is in limbo after a judge stayed possession charges against him, his lawyer said Friday. Meanwhile, advocates of decriminalization called on the federal government to end the confusion surrounding the medical use of marijuana by legalizing the substance. Brian Oates, the 45-year-old welder at the centre of the case, wasn't available for comment Friday. But his lawyer, Barry McMullan, said his client "is in a bit of limbo" after police seized 71 plants and a growing operation from his modest north-end home. [continues 329 words]
Boris St. Maurice is a man of many hempen hats. The Montreal-based uber-activist and founder of Bloc Pot is currently the Editor-in-Chief of Heads Magazine, leader of the federal Canadian Marijuana Party, founder of a new cannabis reform french-language internet list known as PAMF, and generally nice, well-informed guy. DSW Hemp & Cannabis Issues Editor Philippe Lucas tracked him down between projects to find out what's new in the Canadian, U.S., and International drug reform: [continues 2637 words]
VICTORIA - If ever there was proof that government shouldn't be in business, the spectacular failure of the federal medical marijuana grow program is it. The stuff the feds have been growing inside an abandoned copper mine near Flin Flon, Manitoba, couldn't give you a buzz if you smoked your brains out. Last year, then Health Minister Allan Rock announced a new program to provide chronic pain sufferers and terminally ill patients with the right to legally smoke marijuana. The issue had been forced by an Ontario Court of Appeal ruling that told Ottawa to either change its regulations for the medical use of marijuana or the court would strike down the country's illicit drug laws. Do something or get off the pot, you might say. [continues 655 words]
CanCan can't. Cannabis Canada, a.k.a. Canada's fully regulated, approved, monitored and bonded medical marijuana program, has proven incapable of actually supplying a usable product. The drug's a bust. Last year former health minister Allan Rock unveiled a new policy to provide chronic pain sufferers and terminally ill patients with the right to legally smoke marijuana. This was necessitated by an Ontario Court of Appeal ruling that called on Ottawa to either change its rules for palliative marijuana use or watch the court strike down the nation's illicit drug laws as contrary to the Charter. In typical fashion, Ottawa responded with what it does best -- by creating a bewildering, centrally controlled and ultimately inefficient bureaucracy. The Office of Cannabis Medical Access was created. Application forms drawn up and doctor approval requirements set. In fact, the actual regulations have proven so complicated and onerous that Terry Parker, the man whose court case forced Ottawa to create the policy in the first place, has been unable to obtain a permit to possess his own pot. He was in court two months ago getting a unique personal exemption due to his inability to surmount Ottawa's red tape. [continues 671 words]
For Lorna, (not her real name) the debilitating pain began in her mid-20s. Surgery on her spine when she was a teen and the ensuing degeneration of the discs in her back constantly cause nerve pressure and muscle spasms that can leave her virtually incapacitated for days. "When I get muscle spasms, it's as though someone is squeezing me really tight and I can't breathe," she says. "I also get pain from the nerves shooting down my legs. You know when you hit your elbow and you get that shooting pain? Well, it's like that, but more severe and longer. Then I'll get a numb foot all day, as a result." [continues 1252 words]
Awaits Parliament A man who was granted temporary legal permission to smoke and grow marijuana to ease his epileptic seizures, has had the right extended until Parliament recognizes an Ontario court's ruling that the drug has medicinal uses. Terry Parker said the ruling, which makes him the only lifetime legal pot smoker in the country, came as a bittersweet relief. "Today's not too bad, got an extension, won't be going to jail [but] I should not be the only civilian in Canada to use marijuana for epilepsy," he said. "It should be people with cancer, MS [multiple sclerosis], the whole gamut." [continues 351 words]
Victoria - Philippe Lucas, a former high school English teacher, says he has no interest in being a crusader or a rebel -- he simply wants to help people stop suffering. Lucas, 32, runs The Vancouver Island Compassion Society (VICS), a members-only club here where people can buy marijuana to help combat critical and chronic illnesses such as AIDS, hepatitis C, cancer, multiple sclerosis and epilepsy. Since opening its doors in 1999, membership at the VICS has climbed to more than 220. Over that time, the federal government has moved to make marijuana available for limited medicinal use after an Ontario Court of Appeal decision forced its hand. [continues 1107 words]
One million Canadians say they smoke up 'for health reasons'; Only 300 permits issued More than a million Canadians are breaking the law by smoking marijuana for medicinal purposes, and it appears it's mostly because they haven't paid close attention to the recent changes in the law, a government poll reveals. A recent national survey conducted by Pricewaterhouse-Coopers for Health Canada, shows that more than four per cent of the population over the age of 15 is using medicinal marijuana without permission from the government. [continues 569 words]
Every point (Dr. Jaime Cervantes) made has been refuted repeatedly, not only in the IOM Report out of the U.S., but also in the findings of fact in the Terry Parker case that led to this change in law. Let witchhunters like him stand aside, and allow the committed true professionals to get to work. The system will work for some people. Albeit, the three-judge panel in the Parker case was quite resolute that marijuana be handled like other drugs, and these regulations go far beyond that in making access quite a problem for many patients. [continues 138 words]
Ottawa Makes It Easier For Sick People To Get Marijuana -- Provided Their Doctors Agree Health Canada will make access to medical marijuana easier after July 30 -- just don't count on doctors getting too high on the idea. Health Minister Allan Rock yesterday released the final set of rules to govern doctors who prescribe pot; illnesses that qualify; growers who can supply the drug and even the potency of the weed. There's still one catch: Patients need approval from a doctor to get medical marijuana -- and that might be tough. [continues 398 words]
Group Distributes Medical Pot He calls himself Da Weed King, but Fred Pritchard is no ordinary pothead. Pritchard wants to supply those suffering from chronic debilitating illnesses to have free access to medical-grade marijuana -- his marijuana - -- and is willing to flout the law to do so. "My goal is to get marijuana to sick and ailing people," Pritchard, 33, told The Windsor Star. "As far as I'm concerned, I'm not breaking any laws." Pritchard started a Windsor chapter of the Marijuana Compassion Club, a group well established in larger Canadian cities like Vancouver and Toronto. [continues 489 words]
But Critics Say Changes Flawed Health Minister Allan Rock moved yesterday to make Canada the only country in the world with a government-regulated system for using marijuana as medicine. Along with creating three categories of patients who can seek exemption from the Controlled Drugs and Substances Act, Rock proposed more flexibility on the amount of pot that can be possessed and the number of plants a person can grow. Third parties will be allowed to grow pot if they pass inspection and record checks. [continues 407 words]
A thorough discussion about the meaning of liberty -- that's just what this country needs. If we're lucky, we might even get one sometime soon. The Supreme Court of Canada announced last week it will hear appeals from three men convicted of possessing marijuana. In the topsy-turvy world of drug prohibition, the three appellants have the bad luck not to be afflicted with epilepsy, AIDS, multiple sclerosis or cancer. Had they been fortunate enough to have such conditions, the courts would probably have granted them medical exemptions from the law, as they did for epileptic Terry Parker. [continues 750 words]
AIDs Patient Labels His Pot Suppliers As 'Caregivers' TORONTO - The federal government should distribute a safe supply of marijuana to sick people who are exempt from prosecution under Canada's drug laws, an Ontario appeal court heard yesterday. "You can't expect sick people to become indoor farmers," said Alan Young, lawyer for Jim Wakeford, a Toronto man with AIDS who, in 1999, was granted an exemption to cultivate, possess and smoke marijuana. Mr. Wakeford is appealing a May, 2000, decision by Mr. Justice Blenus Wright, who ruled that the government does not have to give him a safe supply of pot. [continues 444 words]
Marijuana As Medicine And The Law Circa 2001 Introduction And Some Early History On July 31st last year, the Ontario Court of Appeal, in a case involving Terry Parker, ruled that our marijuana laws are unconstitutional to the extent that they did not provide for access by medical patients requiring cannabis for their health or at least if there health is threatened in a serious way. The court also ruled that the existing exemption process was unconstitutional because it gave the minister of health an absolute discretion to grant or withhold such an exemption from the law without any criteria for so doing. [continues 2272 words]
Even though the medical attributes of marijuana are well documented, government foot dragging persists On July 31st last year, the Ontario Court of Appeal, in a case involving Terry Parker, ruled that our marijuana laws are unconstitutional to the extent that they did not provide for access by medical patients requiring cannabis for their health or at least if there health is threatened in a serious way. The court also ruled that the existing exemption process was unconstitutional because it gave the minister of health an absolute discretion to grant or withhold such an exemption from the law without any criteria for so doing. [continues 2261 words]
Montreal Men Accused Of Trafficking Marijuana For Medicinal Use To Test Law MONTREAL (CP) - Two men accused of selling marijuana for medicinal use will argue the law against trafficking is unconstitutional and prevents the chronically ill from getting the drug to ease their suffering. Marc-Boris St-Maurice, the 32-year-old leader of the federal Marijuana Party, and Alexandre Neron, 22, appeared in Quebec court Monday for their trial on possession and trafficking charges. They were arrested last year after police raided the Compassion Club in Montreal and seized 66 grams of marijuana. The club, one of several across the country, provides marijuana to members who demonstrate a medical need. [continues 447 words]
An Ontario top court made headlines when it decided a few months ago that epileptic Terry Parker has a constitutional right to use marijuana as medicine. Now an Alberta court has decided the same for Grant Krieger, who has multiple sclerosis. While these have been big steps forward, they have been undermined by the simultaneous taking of two steps back. What most news reports barely mentioned was that on the same day the Ontario Court of Appeal released its decision re Parker, it also released another decision, R. v. Clay, which had a dismayingly different outcome: The court held that the ban on pot violated the Charter guarantees of liberty and security of the person for Parker, a medical marijuana user, but not for Clay, a recreational user. [continues 665 words]
Courts in Alberta and Ontario have recently made headlines by striking down portions of federal law that prohibit the cultivating or use of marijuana for medical purposes. In Calgary on Monday, Justice Darlene Acton of Alberta's Court of Queen's Bench said it was absurd for the federal government to exempt medicinal users when there is no legal supply of marijuana available. In so ruling, she stayed charges against Calgarian Grant Krieger for growing and cultivating cannabis. She hoped that within a year, the federal government will have addressed these legal inconsistencies. [continues 796 words]
Citizens rightfully expect the state to take the lead in setting public policy, but for some reason Ottawa is incapable of making appropriate decisions on the medical use of marijuana. Instead, the federal government has been willing to sit back and let the courts set the agenda. First there was the ruling in July by the Ontario Court of Appeal which struck down the ban on marijuana possession in the Controlled Drugs and Substances Act (CDSA). And this week, an Alberta judge quashed another section of the law that prohibits the cultivation of pot for medicinal purposes. [continues 418 words]
Charge Against MS Sufferer Thrown Out Of Court CALGARY (CP) - A law that prohibits the cultivation of marijuana is unconstitutional because it doesn't allow for medical use of the drug, an Alberta judge ruled yesterday. Justice Darlene Acton threw out a charge of cultivating marijuana against Grant Krieger, who grows and ingests pot to alleviate the symptoms of his multiple sclerosis. "Today is a great victory for Mr. Krieger," said defence lawyer Adriano Iovinelli. "It's another message to the government of Canada that they have to address this issue more thoroughly and Section 56 exemption just doesn't cut it." [continues 453 words]
Second Province Tells Ottawa To Change Pot Law An Alberta judge has struck down a portion of federal law that prohibits the cultivation of marijuana for medicinal purposes, saying it's unconstitutional. Justice Darlene Acton struck down Section 7 (1) of the Controlled Drugs and Substances Act Monday, but stayed the decision for a year. That time, she said, would allow the federal government ample opportunity to correct the breach of the Charter of Rights and Freedoms she ruled has been against marijuana crusader Grant Wayne Krieger. [continues 587 words]
CALGARY - A law that prohibits the cultivation of marijuana is unconstitutional because it doesn't allow for medical use of the drug, an Alberta judge ruled Monday. Justice Darlene Acton threw out a charge of cultivating marijuana against Grant Krieger, who grows and ingests pot to alleviate the symptoms of his multiple sclerosis. "Today is a great victory for Mr. Krieger," said defence lawyer Adriano Iovinelli. "It's another message to the government of Canada that they have to address this issue more thoroughly and Section 56 exemption just doesn't cut it." [continues 593 words]
Constitutional challenge: Calgary man with MS wants to grow, distribute cannabis Grant Krieger, who eats marijuana to ease his multiple sclerosis, launched a constitutional challenge to have criminal charges dismissed. An Alberta court is expected to decide today if a man suffering a debilitating disorder has the right to grow marijuana for medicinal purposes and sell the drug to others claiming a similar need. The case of Grant Krieger, 46, a Calgary man with multiple sclerosis, is the latest in a series of Canadian court challenges aimed at eroding legal restrictions on the drug, which has been shown to have medical benefits for some illnesses. [continues 594 words]
Church St. Resident Doesn't Want His Balcony Pot Farm Jim Wakeford has had 19 girls living on his apartment balconies since July. "I call them my upstairs girls and my downstairs girls," he said. "Aren't they pretty?" But they won't be there much longer. It's harvest time in medical marijuana land. And Wakeford's "girls" - 1-metre-high cloned British Columbia marijuana plants of various strains - are being gathered in what is believed to be Canada's first federally sanctioned pot harvest. [continues 595 words]
The U.S. claims that Canadian court decisions favouring medicinal marijuana undermine efforts to quell the continent-wide drug trade, writes Jennifer Campbell. Canada is angering advocates of the United States government's anti-drug war with its more tolerant policies on the use of marijuana for medicinal purposes and its lighter handling of drug possession convictions. While the Clinton administration is going full-steam with its zero-tolerance policy on drug use, Canadian courts have ruled in favour of those who use marijuana for medicinal purposes. [continues 825 words]
VANCOUVER, BRITISH COLUMBIA -- As Canada's health department looks this fall for a reliable supplier of almost 1 million marijuana cigarettes for clinical trials, some Canadians say they need to look no further than "British Colombia," where relaxed attitudes about smoking marijuana have helped turn the province into a major North American producer for some of the drug's strongest strains. While Mexicans can grow bales of the stuff on plantations, cold weather Canadians have genetically tweaked their indoor plants to reach potencies of 10 times the levels of the Woodstock-era grass, putting it on a par with prized Jamaican weed. [continues 816 words]
VANCOUVER, B.C. - As Canada's health department looks this fall for a reliable supplier of almost 1 million marijuana cigarettes for clinical trials, some Canadians say they need to look no further than British Columbia, where relaxed attitudes about smoking marijuana have helped turn the province into a major North American producer for some of the drug's strongest strains. While Mexicans can grow bales of the stuff on plantations, cold weather Canadians have genetically tweaked their indoor plants to reach potencies of 10 times the levels of the Woodstock-era grass, putting it on a par with prized Jamaican weed. [continues 1055 words]
VANCOUVER, British Columbia -- As Canada's health department looks this fall for a reliable supplier of almost one million marijuana cigarettes for clinical trials, some Canadians say they need to look no farther than "British Colombia," where relaxed attitudes about smoking marijuana have helped turn the province into a major North American producer for some of the drug's strongest strains. While Mexicans can grow bales of the stuff on plantations, cold weather Canadians have genetically tweaked their indoor plants to reach potencies of 10 times the levels of the Woodstock-era grass, putting it on a par with prized Jamaican weed. [continues 1157 words]
The federal government should look at the "compassion clubs" springing up in B.C. to deliver medical marijuana in light of an Ontario court ruling striking down the law on pot possession, says a Fraser Valley lawyer. John Conroy, a Queen's Counsel who advocates marijuana decriminalization, says the so-called war on drugs that started back in the 1970s has not worked and is "a total fraud" that targets "mostly the poor and marginal in society" not middle- and upper-class users. [continues 386 words]
"The ordinary citizen, seeing the assertions implied by the law frequently belied by pharmacological fact or the effects that he himself experiences in the use of drugs, has long since ceased to look for a relationship between the harmfulness of a substance and its classification under criminal law. In this domain, it must be said that the criminal law is thoroughly outdated and outworn." - -- Marie-Andree Bertrand, Le Dain Commission 1973. In 1973, the Le Dain commission found that little was known of the harmful uses of cannabis. It also recommended that possession of cannabis be decriminalized. [continues 912 words]
A Toronto man who won the legal right to use marijuana for medicinal purposes received financial support from a U.S. think-tank funded by billionaire philanthropist George Soros. The Lindesmith Center gave more than $ 25,000 US to help cover Terry Parker's legal bills, according to published reports. Parker uses the drug to fight his severe epilepsy. Last month, the Ontario Court of Appeal not only upheld his right to use marijuana, but it declared Canada's cannabis law to be un-constitutional. [continues 190 words]
The federal government saw the crisis coming some decades back, and wisely sought guidance. Years of diligent research led Ottawa all the way back to papyrus-reed tomes on Egypt's Pharaohs, and there our politicians found the answer. Mummification. Can't speak, can't be spoken to, and folks respect you with the same reverence they show a fossil. What better way to deal with growing annoyance over Canada's marijuana laws that began with the pro-decriminalization Le Dain Commission in 1973? [continues 498 words]
TORONTO (CP) - If there was one drug that relieved the nausea caused by chemotherapy and AIDS-induced wasting as well as the symptoms of glaucoma, arthritis, Tourette's syndrome, Crohn's disease, multiple sclerosis, migraines, irritable bowel syndrome, PMS, asthma, fibromyalgia, epilepsy, and some skin ailments, wouldn't you expect to find it in every medicine cabinet? Experts like Dr. Lester Grinspoon argue that there is such a medicine. But instead of being lauded, it's illegal. The drug is marijuana. [continues 1435 words]
Despite Canadians exhibiting a collective clear-mindedness on contemporary society's most emotive issue, drug policy reform has passed without appropriate interest from policy-makers. No longer. On July 31, the argument that doctors may prescribe marijuana as a medical treatment for seriously or terminally ill patients (so-called "medical marijuana") received support in a seminal judicial decision. The Ontario Court of Appeal, the province's highest court, upheld a 1997 Ontario Superior Court ruling that the prohibition against medical marijuana infringed the rights of Mr. Terry Parker, an epileptic under Section 7 of the Charter of Rights and Freedoms. [continues 590 words]
U.S. think-tank backed by billionaire gave Canadian man $25,000 for appeal A Toronto man who won the legal right to use marijuana for medicinal purposes received financial support from a U.S. think-tank funded by billionaire philanthropist George Soros. The Lindesmith Center gave more than US$25,000 to help cover Terry Parker's legal bills. Mr. Parker uses the drug to fight his severe epilepsy. Last month, the Ontario Court of Appeal not only upheld his right to use marijuana, but it declared Canada's cannabis law to be unconstitutional. The court gave Parliament 12 months to rewrite the legislation so legitimate patients can get medicinal cannabis. [continues 587 words]
When the Ontario Superior Court ruled that Terry Parker has a Charter-guaranteed right to smoke marijuana to treat his epilepsy, the federal government was not pleased. Ottawa went to the Ontario Court of Appeal, which increased government unhappiness greatly by striking down the possession law. The three judges of the court found the outright ban of marijuana forced Mr. Parker to choose between his health and imprisonment. That is inconsistent with the principles of justice. It is not enough, the court ruled, for the federal health minister to provide special dispensation to people who have a medical requirement to use the drug. [continues 397 words]
Two decisions this week by the Ontario Court of Appeal inject some sanity into the debate over illegal drugs. Both involve marijuana possession and both should make the federal government soberly re-examine its policies. In one ruling, a three-judge panel struck down portions of the Controlled Drugs and Substances Act prohibiting marijuana possession, saying the law unjustifiably makes criminals of those who use pot for medicinal reasons. In the second ruling, the same judges rejected the notion that Parliament has no authority to criminalize the recreational use of marijuana. [continues 569 words]
It is a sad commentary on the compassion of political leaders that in two jurisdictions in Canada and the United States, the courts have shown mercy to the terminally and chronically ill where their political representatives have not. In Canada this week, the Ontario Court of Appeal ruled that the law prohibiting the possession of marijuana was unconstitutional and gave the federal government 12 months to amend the law. The judgment cleared the way for Terry Parker, a 44-year-old epileptic, to continue to use marijuana, the drug which has all but eliminated the 15 to 80 seizures he might suffer weekly. [continues 394 words]
The medicinal factor One of the most powerful courts in the country has given the federal government an order not even the Liberals can ignore: Update the nation's marijuana laws, Ottawa has been told, or by this time next year possession of the drug will automatically become legal for all. Justice Marc Rosenberg of the Ontario Court of Appeal was ruling on the narrow case of Terry Parker, who suffers severe epilepsy. The Toronto man has found that smoking weed eases the worst of his symptoms. [continues 301 words]
A court in Ontario has done more about Canada's draconian marijuana laws in one ruling than decades of dithering and hand-wringing by federal politicians. The Ontario Court of Appeal, the province's highest (no pun intended) court, has struck down prohibitions on marijuana use in the Controlled Drugs and Substances Act, saying it makes criminals of those who smoke pot for medical reasons. The court has given the federal government a year to amend the act or it will become "of no force and effect." In other words, simple possession of marijuana will be legal. [continues 475 words]
There will be a few quiet celebrations in some London homes this week. Celebrations because the Ontario Court of Appeal has ruled medicinal marijuana is legal for use by sick people who are helped by it. Quiet because the people most likely to benefit from this ruling are ill and simply don't have the energy for much more than a few hoorays. London's Lynn Harichy figures she'll muster a cheer or two despite the dreadful fatigue her multiple sclerosis causes. The London grandmother has been a strong crusader for the change, fighting with every weapon she could from letter-writing to trying to light up a joint on the steps of the London police station. [continues 528 words]
Government Has 60 Days To Consider Ruling OTTAWA - The federal government hasn't yet decided how to respond to a court decision that called for new rules on medical use of marijuana and struck down the law making it a crime to possess pot. "It's a pretty complex decision so we need to take the time to look at it,'' said Farah Mohamed, a spokesperson for Justice Minister Anne McLellan. The government has 60 days to decide whether to appeal Monday's Ontario Court of Appeal ruling that the Controlled Drugs and Substances Act is unconstitutional. [continues 295 words]
With a year's grace to respond to a court ruling, the federal government should undertake a comprehensive view of all aspects of marijuana legislation, including public consultations. When the Ontario Superior Court ruled that Terry Parker has a Charter-guaranteed right to smoke marijuana to treat his epilepsy, the federal government was not pleased. Ottawa went to the Ontario Court of Appeal, which increased government unhappiness greatly by striking down the possession law. The three judges of the court found the outright ban of marijuana forced Mr. Parker to choose between his health and imprisonment. That is inconsistent with the principles of justice. It is not enough, the court ruled, for the federal health minister to provide special dispensation to people who have a medical requirement to use the drug. [continues 385 words]
CRIME: The status quo will remain in effect, says Fredericton's deputy police chief An Ontario court may have ruled outlawing marijuana is unconstitutional, but it's business as usual for New Brunswick's police and prosecutors. The Ontario Court of Appeal found Monday the law prohibiting the possession of pot unconstitutional and gave Ottawa one year to amend the law. The issue went before the court after Terry Parker of Toronto was allowed to grow marijuana plants to control his severe epilepsy. [continues 381 words]
The law prohibiting possession of marijuana was declared unconstitutional Monday by Ontario's top court -- a decision hailed by some as a step toward decriminalizing the drug across the country. In an unanimous decision, the Ontario Court of Appeal ruled the possession law violates Canada's Charter of Rights and Freedoms because it fails to make exceptions for people who require marijuana for medicinal purposes. But rather than strike down the law outright, the court gave the federal government one year to rewrite its legislation to comply with the Charter. Possession will remain a criminal offence for 12 months, but if the government fails to act in that time, the law will cease to exist and simple possession will become legal in Canada. [continues 581 words]
In a ruling that takes a step toward marijuana ,legalization, a judge struck down the federal government's anti-possession law Monday for ill Canadians who smoke pot to ease pain. Justice Marc Rosenberg of the Ontario Court of Appeal, declaring the law violates the rights of sick people by forcing them to choose between "health and imprisonment," gave Ottawa one year to rewrite its legislation. The ruling was a victory for Terry Parker, 44, of Toronto, who smokes three or four joints a day to control severe epilepsy that even brain surgery and more than 100 hospital stays did not ease. [continues 454 words]
TORONTO, July 31 (UPI) -- Ontario's highest court ruled Monday that a federal law restricting the use of marijuana was unconstitutional, and gave Ottawa 12 months to amend it. The ruling by the Ontario Court of Appeal came in a case involving Toronto resident Terry Parker, 45, who had won a lower court decision in 1997 permitting him to grow cannabis for medicinal purposes. Parker, who suffers from epilepsy, had successfully argued in the lower court that he needed the drug for medicinal purposes and was unable to buy it legally in pharmacies. [continues 282 words]
Ottawa has two choices after yesterday's landmark court decision calling for the decriminalization of marijuana. It can rewrite its restrictive drug law or it can appeal the ruling. Either way, Canada would be better off. Legal clarity is badly needed on this issue. The current regime, which allows desperately ill individuals to apply for exemptions from the Controlled Drugs and Substances Act to use marijuana for medicinal purposes, is unfair and impractical. Even when an exemption is granted, it is often impossible to obtain the drug legally. [continues 346 words]
Clearer Medical Exemptions Urged By Judges Ontario's top court has struck down the law making it a crime to possess marijuana in Canada. The law is unconstitutional because it forces people like Torontonian Terry Parker, who smokes pot to prevent epileptic seizures, to choose between effective treatment and being arrested, the Ontario Court of Appeal said yesterday. The court has given Parliament 12 months to rewrite the appropriate sections of the Controlled Drugs and Substances Act to include clearer medical exemptions from prosecution. The law stays in effect until then. ``The choice of medication to alleviate the effects of an illness with life-threatening consequences is a decision of fundamental personal importance,'' Mr. Justice Marc Rosenberg said. [continues 771 words]
