cannabisnews.com: Don't Throw Out Federal Pot Laws, Lawyer Warns Don't Throw Out Federal Pot Laws, Lawyer Warns Posted by CN Staff on October 19, 2002 at 08:17:12 PT By Jane Gadd, Courts Reporter Source: Globe and Mail Throwing out Ottawa's regulations on medical use of marijuana would lead to a tidal wave of demand to treat "everything from warts to hemorrhoids," a Justice Department lawyer warned in Ontario Superior Court yesterday.Fighting a court bid by patients who want easier access to a drug they say helps them, lawyer Harvey Frankel said the regulations ensure that doctors, not patients, decide who gets an exemption from federal laws banning marijuana possession. "If it's to be left solely to the discretion of people who stand up and say, 'I use marijuana for medical purposes,' that's anyone and everyone," Mr. Frankel said. "There's going to be something wrong with everybody. For any ailment known to mankind, someone's claimed marijuana is good for it."The government is opposing a court application by several sick Canadians who want access to legally grown marijuana without going through the bureaucratic process involved.The HIV, cancer, hepatitis and multiple sclerosis patients, along with the Toronto Compassion Centre, which supplies illicit marijuana to 1,200 people, say Ottawa's medical marijuana access regulations are "a constitutionally deficient regime that operate as an illusory exemption."They have told the court that doctors are reluctant to write marijuana prescriptions and that patients object to providing their names, addresses and photographs to the government to obtain exemption cards.They want Mr. Justice Sidney Lederman to order Ottawa to resurrect a shelved plan to make marijuana, grown under government auspices in a mine shaft in Flin Flon, Man., available to medical users.Mr. Frankel told the judge that it is not the courts' place to order governments to do anything; they can only tell them what not to do.Besides, the amount of marijuana in the mine would meet the demand for less than one week, he said.Quoting figures provided by Brent Zettl, president of Prairie Plant Systems, he said 200 kilograms of marijuana has been harvested in Flin Flon.The Compassion Club serves 1,200 people in Toronto, and the average medical user smokes five grams a day, Mr. Frankel said. Canada's population is 10 times that of Toronto, but even if the national demand is only five times that of Toronto the result would be 6,000 people smoking five grams a day, 30 kilograms a day in total.Since Parliament introduced the regulations in July, 2001, 565 people have applied for medical exemptions to the laws against marijuana possession and 343 exemptions have been granted, the lawyer said.The remaining 222 have not been completed because of missing information or photographs, not because of the absence of doctors' signatures, Mr. Frankel said.The regulations were the government's response to an Ontario Court of Appeal ruling in 2000 that found the Controlled Drugs and Substances Act discriminated against sick people who benefit from marijuana use.Note: Regulations ensure MDs, not patients, govern medical use of cannabis, court told.Source: Globe and Mail (Canada)Author: Jane Gadd, Courts ReporterPublished: Saturday, October 19, 2002 – Print Edition, Page A18Copyright: 2002 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.ca/Related Articles & Web Sites:Canadian Linkshttp://freedomtoexhale.com/can.htmToronto Compassion Centre http://www.torontocompassioncentre.org/No Charter Right to Medical Pot, Feds Argue http://cannabisnews.com/news/thread14493.shtmlWhere There's Smokehttp://cannabisnews.com/news/thread13920.shtmlReefer Sadness - Now Magazinehttp://cannabisnews.com/news/thread13845.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by FoM on October 19, 2002 at 13:04:25 PT i420 That's terrible. I saw in our weekly paper a while back where a person was caught with about 7 ounces. The police took it from him and told him not to do that again. That's all that was in the police log. [ Post Comment ] Comment #2 posted by i420 on October 19, 2002 at 12:59:45 PT My verdict.. Throwing out Ottawa's regulations on medical use of marijuana would lead to a tidal wave of demand to treat "everything from warts to hemorrhoids," a Justice Department lawyer warned in Ontario Superior Court yesterday.Well why not??? If marijuana alleviated these medical conditions then why would you deny a person the right to use it????? I would call it ignorance if not insanity. You people sound like my great grandmother who wouldn't allow a deck of cards in her house. It was the "devils game" does the term "devils weed" sound familier???Mr. Frankel told the judge that it is not the courts' place to order governments to do anything; they can only tell them what not to do.Why not??? Maybe this is a problem with the legal system, they sure seem able and willing to order anyone else around.Anyways I found out what they want to order me to do for 10 grams... 8 days in jail, $150 court cost, $100 fine, 1 year probation,6 months driving suspension. I see Ohio in my near future. [ Post Comment ] Comment #1 posted by afterburner on October 19, 2002 at 10:25:49 PT: A Long Way to Go. When the Canadian Medical Association threatens doctors with images of medical malpractice suits over medical marijuana prescriptions, we do not have a level playing field. If the government figures on the amount of Flin Flon marijuana are to be believed as inadequate supply, then why was the Toronto Compassion Centre raided since it obviously is doing the job the federal government feels unable to do? Mr. Frankel, will you ensure that names, addresses and photographs required for an exemption card will be treated with doctor-patient confidentiality, and not turned over to law enforcement authorities? All the applicants for a medical marijuana exemption are otherwise painting a target on their backs. [ Post Comment ] Post Comment