Drug War Issues
Politics & Advocacy
A British Columbia judge ruled Tuesday that portions of Canada's federal medical marijuana law unconstitutionally restrict the supply of marijuana to patients authorized to use it. As part of her decision, BC Supreme Court Madam Justice Marvyn Koenigsberg found a worker for the Vancouver Island Compassion Society (VICS) guilty of growing marijuana and possessing it with the intent to distribute, but gave him an absolute discharge, meaning he faces no criminal liability.
The judge held that parts of Health Canada's Medical Marihuana Access Regulations, such as the requirement that patients get a doctor's approval, were constitutional, but that a provision limiting designated growers to growing for only one patient was "arbitrary" and "constitutionally invalid." The judge also struck down a provision limiting the number of licensed growers at any site to three, which effectively barred growers' collectives.
Judge Koenigsberg gave Ottawa one year to draft regulations that will allow for growers to grow for multiple patients and for multiple growers to form collectives.
The case the court heard began in May 2004, when the Royal Canadian Mounted Police raided a VICS research facility, seized some 900 marijuana plants destined for VICS patients, and arrested VICS employee Mathew Beren. Lawyers for Beren used the bust to challenge the way Health Canada regulated medical marijuana production.
The ruling comes only a day after a federal appeals court rejected an Ottawa appeal of a January lower court decision that restricting growers to only one patient was unconstitutional. That lower court ruling had been stayed pending the appeal.
In Vancouver, Judge Koenigsberg noted that although Beren may have sold marijuana to people without medical approval, he was of "good character," lacked a criminal record, and was growing, in the main, for patients. "If ever there was a case in which an absolute discharge was appropriate, it was this one," she concluded.
"I was facing 14 years or more in jail, of course, I'm relieved," Beren said immediately after the ruling. He knew the risks, he said, but sick people needed their medicine.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
The smart ones
How come the Canadians got all the smart people and we got all the puritanical nutjobs?
In reply to The smart ones by Anonymous (not verified)
totally
i don't no but if the USA were more like Canada we would be way better off and not just with marijuana.
don't worry
We have our share of nutjobs, just less of them.
The "organized" opposition to reforming drug laws are incompetent zealots. The only politicians who campaign on "tough on drugs" tend to be rural and tend to come in third place.
At last one Judge that sees the truth and has felt the pain.
Medical Marijuana Patients that I have come across are all in terrible need of the medicine. They are only able to have the palliative effect smoking the stuff.
However most patients need whole plant extracts for complete remission of their diseases. More medicine in the hands of the patients and the kind growers that help the patients should be crime free. In fact this grower in this instance did a good job and will continue to care for his patients and he feels the pain and suffering that these patients undergo.
This judge should have issued a lesser term for Canada health to get it right. A full crop planted now will yield medicine in sufficient quantity to help the patients really at the end of the year or even in the middle of the year. Good thinking on the part of this Judge, who also saw the pain of the patients and was deeply moved by that.
No one should suffer pain. This plant almost eliminates many forms of pain. It is an excellent antioxidant when consumed in the form of oil. It rivals and surpasses both sesame seed oil and olive oil, both of which are antioxidants required for patients whose diseases produce toxins which the regular process of the body is unable to remove naturally. These oils help a lot and I am of the firm belief that a sick person is not a criminal for consuming this plant.
No one on this earth has the right to say no to this wonderful plant. Going against nature is what has caused most of our diseases and disabilities.
Also many pharmaceutical pills and potions produce so many side effects that the whole plant extract will remove those side effects in a much better manner. The proof is living patients that I come across that many MD's have given up on.
There are many components that are present in whole plant and other extracts and tinctures that really work on a wide range of symptoms that this medicine is usually recommended for.
There are some however that limit themselves to only this medicine. There is no need to limit yourself only to it. You can take pharmaceutical drugs that you might really need to keep your disease in control, and most such drugs' side effects are mitigated by medical marijuana. Restricting yourself to only marijuana as the medicine for your disease would not be recommended. I am sure this is what this judge thought of. And this is what I hope every MD everywhere on this earth will think.
I thank God that this exemplary judge is working on behalf of God.
I doubt God wants any patient to suffer more than necessary and inevitable because of their diseases. We don't become sick voluntarily in most cases.
I also wish the Judge that is sentencing this man will feel like this great Judge and issue a full pardon for him as well. Please view this videos on you tube
http://www.youtube.com/results?search_type=&search_query=run+from+the+cure
Thank you for reading. And please spread the word of this good deed. Let us all make this good deed known to all by spreading the word by mouth.
god be dammed
Gee I wonder who prevents these people from getting their much needed drugs ? Surely not the gods, right? Maybe the Devil? Why would the gods want patients to suffer ANY amount of pain much less " more than necessary".You think this" judge is working on behalf of god" ? Well which god has been working to put all the non violent smokers , sick or not ,behind bars? Please don't tell me it was the Devil because any fool knows GWAAAD ... yes any old god could wipe out the devil ! Why I wonder doesn't he/ she or it work on pain reduction or better yet make us pain free or at least make it possable to get something for pain? Go figure!!!
In reply to god be dammed by Anonymous (not verified)
God is an ass and the original slaver!
Actually, god doesn't exist... therefore advocates nothing!
Religion, unforturtunately, does exist and it advocates something... usually obedience to their particular viewpoint... in the name of yahweh.... or else i'll smote you!
Or, if your a christian, their new god: jesus christ - lord and savior.... of the known universe apparently?
So powerful they can appear on toast, but, doltish enough they could only create life on one, out of infinite number, of planets!
In reply to God is an ass and the original slaver! by Anonymous (not verified)
Nice
I really appreciate being abused by my allies. It makes me feel all warm and bubbly inside!
Really guys! Take your religion fight somewhere else. I am here to get the government off our back so people in chronic pain can be treated like human beings with compassion. And so people that choose to use a, less toxic, mind altering substance are not thrown into jail and lives ruined, by being charged as felons.
You want all the Christians to stop contributing here? Faith has nothing to do with your fight. If you want to abuse someone, take it somewhere else. We have more serious problems to conquer. It is none of my business, if you don't want to believe in any religion. I don't care at all! That is your decision. Just stop abusing those who have a faith in a higher power, that you don't agree with. It is childish behavior and counterproductive.
In reply to Nice by mlang52 (not verified)
I beg to differ!
Religion is one of the greatest contributors of marijuana prohibition!
It's high time that religion took responsibility for it's contribution to
the discrimination of marijuana consumers! Take away the religious
contribution to prohibition and marijuana would be legalized and normalized! The bible commands that all seeds are good and should be utilized by us. Jesus annointed with cannabis oil in his holy annointing oil! Yet many religious zealots claim that marijuana is
against gods wishes. Bull Puckey! Cannabis is a gift of nature, whether you believe in god or not! So do let's keep talking about it.
Chummy Anthony
Marijuana Party of Canada
Kings-Hants N.S.
In reply to I beg to differ! by Anonymous (not verified)
no arguement about how wrong the "religious" can be
I just don't feel real good about the comments made by the people above! I will keep my religious comments to myself, if they keep their drivel to a minimum! Some Bible thumpers (those who don't read it) might also say that alcohol is prohibited by the Bible. Then, add that the drugs must be, also!
Sad thing is, they are clueless! Neither is prohibited in the old or the new testament. Absolutely none of it! And I have seen the word konobos used in the description of the plant extracted for use in the anointing oil! I am well aware of the scriptures that would point out the hypocrisy of those who claim to be "Christians". Not all of us are so ignorant. I don't think any of the Christians, or other religious people, that agree with this web site, deserve to be treated as sub-human. I'll leave it to the government to do that to me, thank you very much!
It also says in the Bible that "a house divided will fall". But, that makes sense outside of biblical context, as well. Why would you expect me to take criticism, for views that I don't support. I have pointed out those, erroneous, views should not be supported by anyone who knows what it, really says in the Bible. Those religious people, you talk about, need educated. It is not , by any means, a Christian view that can be supported by what is in their Bible. They are ignorant! And if, those Christians say any different, I will be the first to point out the fallacy of their arguments!
Mr Chummy Anthony,
Just think about what I am addressing here. I would be, just as, wrong, if I got on here and verbally abused atheists, because of their choice. That is not my agenda. I want a country where there is freedom from persecution, of any type, including religious. That is, supposedly, the primary reason this country was created. Was it not? I want that freedom back!
Smells like Deja Vu to me... same crap... different turds!
Do we really need lawyers to tell us what we already know.... prohibition is illegal!
Why do we continue to beg the bastards that create the problems to fix the problems?
Yeah, it would be great to get something in writing.... call it a law if you can't help yourself.... that officially documents the end of the crime spree known as marijuana prohibition... but don't ever let them think we need them to explain the unambigious to us!
Apologize for their crimes... they must!
Stop persecuting those they dislike... they must
Free those being unlawfully detained... they must!
Hold those accountable for their crimes... we must!
medical marijuana in BC
My father-in-law had brain cancer, (glioblastoma) and he died after fighting for about a year. He was 75, and was only expected to live 6-7 months after the diagnosis. His doctors here in Vancouver did nothing for him other than almost kill him with their radiation treatment and in fact advised us against "alternative" treatments, many of which are safe and some are somewhat effective. We tried a lot, most of the natural, safe treatment options incuded in Ben Williams's Treatment Options for Glioblastoma and Other Gliomas. One of the treatment options is marijuana, but we never explored it. Some of the reasons were that I didn't know exactly what the legal ramifications are, where to get it from, how to use it, etc. Cases like this one at least make the legal position a bit clearer, but it should be more than that. If there is a strong case for its use, it should be embraced by the medical system. Sorry about the ranting! Constantine Lycos Hedge fund manager in Vancouver, Canada
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