Canada: Victory for Patients as Supreme Court Refuses to Hear Government's Medical Marijuana Appeal

Submitted by Phillip Smith on (Issue #582)
Politics & Advocacy

The Canadian federal government's monopoly over medical marijuana production is now officially history. The Canadian Supreme Court Thursday refused to hear a government appeal of two earlier lower court decisions annulling Health Canada's Medicinal Marijuana Access Regulations.

Under the government regulations, only a monopoly contractor growing marijuana in Flin Flon, Alberta, could supply medicine for more than one patient. Registered patients could grow their own or have a caregiver grow for them, but that caregiver could grow for only one patient.

Canadian medical marijuana patients and providers have chafed under the regulations for years. They complained that the Flin Flon marijuana was substandard in quality and that the regulations effectively criminalized co-ops and collective dispensaries growing for a community of patients.

"This type of litigation, which was challenging the restrictive nature of the government program, started in 2002," said lawyer Alan Young. "It's taken seven years for this resolution, and finally Health Canada has their marching orders. Now it's a question of whether we can compel this department to actually do what the courts have said they should do, which is provide compassionate access to people," he told the Canadian Press.

A federal court judge in British Columbia declared the Medicinal Marijuana Access Regulations invalid in January 2008, echoing the earlier decision of the Ontario Court of Appeals. The government was trying to appeal both decisions.

Now, Canada's medical marijuana providing community should flourish, Young said. "Hopefully some very good cultivators will be supplying medicine to sick people, and Health Canada can then monitor it in a very effective way. That's what I've been telling them for eight years."

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

Anonymous (not verified)

His "PPS product" (I refuse to call it cannabis) was absolute garbage, worse than even ElSolhy's stuff. The government has been trying to do a substandard job to provide pot in order to juke the states in their now-cancelled research program. Can't wait until the class action lawsuits for compensation for the pain and suffering cause by Health Canada to patients and the deceased's families.

Fri, 04/24/2009 - 1:23pm Permalink
Anonymous (not verified)

In reply to by Anonymous (not verified)

'Moving Forward NOT Back' is a famous gov't cop-out for covering up crimes.

The purveyors of gods and governments are not big on things like 'enlightenment' and understanding 'cause & effect' because the result is always the same.... they.... are the problem... not the cure!

And if gods and governments can't be trusted... then who shall we trust... to save the children?

This is your brain...
This is your brain on god & gov't...
Any Questions?

Fri, 04/24/2009 - 3:26pm Permalink

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Source URL: https://stopthedrugwar.org/chronicle/2009/apr/24/canada_victory_patients_supreme