cannabisnews.com: Medicinal Pot Law Takes Hit





Medicinal Pot Law Takes Hit
Posted by CN Staff on January 10, 2003 at 08:59:04 PT
By Sam Pazzano, Courts Bureau
Source: Toronto Sun 
Marijuana could be legal for everyone in Canada within six months unless Ottawa fixes its medicinal marijuana regulations or provides a legal source and supply to sick people, said one of the lawyers involved in the landmark Superior Court decision yesterday. Justice Sydney Lederman declared the current Marijuana Medicinal Access Regulations (MMAR) unconstitutional, but gave the government an ultimatum: Fix the regulations or supply the pot itself by July 9. 
"The government must be granted time to fix the MMAR or otherwise provide for a legal source and supply of the drug the MMAR authorize seriously ill individuals to possess and produce, consistent with their (Charter) security rights," Lederman wrote in a judgment. "But ultimately it is up to the government -- and not the courts -- to decide how to create an appropriate legal source and supply of marijuana. "Access is compromised because there is simply no legal way for individuals with production licences to obtain the marijuana seeds required to grow it. Even if it were somehow acceptable for individuals to rely on black market supplies to exercise their constitutional rights, the unreliability of this source cannot be ignored," Lederman wrote. Lawyer Joseph Neuberger, who represented some of the applicants to the Charter challenge, said that "when six months retires, if the government repairs the regulations and permits safe access and supply to ill people, then the law is intact. ON THE HOOK "If they don't (do either of those options), the possession law is out the door." He also said that if Ottawa "doesn't fix the regulations, it is on the hook to supply marijuana permanently. "That's an onerous task and I sincerely doubt it'll do that." Both Neuberger and lawyer Paul Burstein, who represented another applicant, agreed that it's unlikely that authorized marijuana users would be prosecuted in the next six months since the judge has suspended the quashing of the legislation for that time period. "It's open to police to do it but given Lederman's findings I can't imagine any judge or jury convicting a sick person who needs marijuana of this offence," Burstein said. "But there is still a legal limbo of sorts for MMAR users. There is clear statement from a Superior Court judge that there is no legitimate way to get access to marijuana."  STILL IN BREACH Neuberger also said he doubts that ill people who need pot for medicinal purposes but lack authorization will be prosecuted, "although they are still in breach of the law as it is." Justice department spokesman Dorrette Polland said their lawyers are "carefully reviewing the reasons in the decision and will advise the minister, Martin Cauchon, accordingly on the next step to take." A Health Canada spokesman said his agency will be consulting with officials at the justice department once they have read the decision. Burstein said Lederman's ruling is another in a "series of landmark rulings ... this may be the straw that breaks the camel's back." Lederman was scathing in his criticism of the MMAR. "Laws which put seriously ill, vulnerable people in a position where they have to deal with the criminal underworld to obtain medicine they have been authorized to take, violate the constitutional right to security of the person," Lederman wrote in his judgement. "The MMAR expose the applicants, who all have serious medical conditions, to further risk to personal safety. Not only do they face risks associated with consorting with criminals, and the possibility of prosecution ... they have to deal with the uncertain quality of the (street) product. "I have grave reservations about a regime which is supposed to grant legal access to marijuana while controlling its illicit use, but instead grants legal access by relying on drug dealers to supply and distribute the required drug." Note: Judge gives Ottawa 6 months to make sure patients can get access to grass.Source: Toronto Sun (CN ON)Author: Sam Pazzano, Courts BureauPublished: Friday, January 10, 2003 Copyright: 2003 Canoe Limited PartnershipContact: editor sunpub.comWebsite: http://www.fyitoronto.com/torsun.shtmlRelated Articles & Web Sites:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htm Pot Regulations Violate Charter: Ontario Court http://cannabisnews.com/news/thread15158.shtmlOntario Court Strikes Down Law on Medical Pothttp://cannabisnews.com/news/thread15157.shtmlCanadian Judge Upends Marijuana Programhttp://cannabisnews.com/news/thread15156.shtml
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Comment #10 posted by FoM on January 10, 2003 at 15:04:19 PT
Thanks Richard
I hope a bill gets introduced. I'll stay tuned for sure.
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Comment #9 posted by Richard Lake on January 10, 2003 at 14:58:00 PT:
Well, FoM, here is the story.
MPP today sent another notice out asking folks to NOT contact members of the state legislature at this time.They sent the message specifically because those that the Ohio Patient Network is working with in the state legislature do not want publicity about the possible bill until it is introduced and has a number.MPP jumped the gun. I think it was an honest mistake by MPP. However, we hope no damage has been done.Stay tuned.Richard
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Comment #8 posted by FoM on January 10, 2003 at 14:26:22 PT
Is Ohio Getting a Bill?
Please distribute this memo widely. Forward to family and friends who live in Ohio, or ask them to visit: http://www.mpp.org/OHTO:   Ohio residents*FROM:  Larry Sandell, MPP assistant director of state policiesDATE:  Friday, January 10, 2003SUBJECT: Please wait to contact your legislatorsMedical marijuana legislation has not yet been introduced in Ohio this session.Please wait to contact your legislators until a bill has been officially submitted and we have a bill number for it. The Marijuana Policy Project will send another alert immediately after legislation has been introduced.
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Comment #7 posted by observer on January 10, 2003 at 11:42:34 PT
IPs shown no matter what
The IPs are displayed regardless: SHOWHOSTS toggles just the host names. IPs get shown no matter what. (I just tried it.) 
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Comment #6 posted by p4me on January 10, 2003 at 11:03:56 PT
EVICT THE DEA for Medical MJ Week! (Feb 15-22) 
Americans for Safe Access are again calling for a show of civil disobedience- http://www.safeaccessnow.org/article.php?id=234Drugwars.com has the notice to spread here: http://www.drugwar.com/asastopdea.shtm It is rather long. It starts with these words- STOP THE DEA'S EXPANDING WAR ON AMERICANS KEEP MEDICAL MARIJUANA SAFE AND LEGAL NATIONWIDE DAY OF DIRECT ACTION FEBRUARY 18PLEASE DISTRIBUTE FAR AND WIDEWHO: YOU!
WHAT: DIRECT ACTION TO EVICT THE DEA
WHERE: YOUR LOCAL DEA OUTPOST WHEN: NOON ON TUESDAY, FEBRUARY 18 2003WHAT IS IT?   It's a nation-wide day of action to stop DEA attempts to re-criminalize medical cannabis! Proposition 215 was the voter referendum that legalized Medical Marijuana in California, so 2:15 kicks off MEDICAL MARIJUANA WEEK. A new DEA Chief will be appointed at this time, and it’s important to let this new Chief and the public know that we have zero tolerance for harassment of patients! The following TUESDAY, FEBRUARY 18th , we call on activists to do direct action to EVICT THE DEA for criminal violations of patients' and voters' rights. In addition to the almost 40 patients and providers facing federal charges, all legitimate medical marijuana patients are wrongly harassed and intimidated by the continual threat of DEA attacks. Activists in cities across the nation will use creative, non-violent tactics to disrupt DEA offices and post their own "eviction" orders at DEA outposts. In June, activist in 54 cities served the DEA “Cease & Desist” orders to stop harassing patients. Since then, we have served them 3 times with “Citations”, after each time they have raided a medical marijuana dispensary. This eviction action is a necessary escalation of our nonviolent resistance to these injustices. 
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Comment #5 posted by druid on January 10, 2003 at 10:53:10 PT
Observer
Why is it ok for just the average User to be able to see IP/Host names? I assume if you turn the feature on the average User would not be able to see IP/Hostnames but the Administrators and those that can kick will still be able to. I just don't understand the reasoning behind letting every single person who enters chat see personal information about every other user.I am not trying to cause any problems. I am just curious.
I don't care personally but I understand how touchy and scary it can be for people who wish to stay anonymous.Again thanks for listening and taking the time to respond.
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Comment #4 posted by observer on January 10, 2003 at 10:38:22 PT
hostnames
''If this parameter is set to no the hostnames or IP addresses of the connected users are not shown to the other users. This would make several of us here feel much more comfortable entering the chat.''Sorry ... I want that feature on. If you do not feel comfy comfy chatting there, then I suggest that you do not chat there. Simple. - Doug
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Comment #3 posted by FoM on January 10, 2003 at 10:27:18 PT
p4me
Thank you. I just got done sending an email to ask permission to post the article about the arrest numbers. I'll check out the link now.
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Comment #2 posted by p4me on January 10, 2003 at 10:23:31 PT
Drugwar.com plugs tonight's chat
http://www.drugwar.com/index.shtm is a great website for reform. They put up the link promoting tonight's chat with Dr. Russo. On 1/8 they started a new section with many links in it that is intoduced with these words on its homepage:January 8, 2003- Why does the War on Some Drugs and Users continue despite the obvious failure of every tactic tried by prohibitionists? Could it be that the illegal drug trade engenders such massive untraceable black market profits that the Warriors really do not want the War to end?They put the news links on the left hand side and todays news has one article about military people chasing someone that took their MMJ here in NC. BBS, whoever they are, also had a link to their article released today saying their were 315 times as many cannabis arrest in the US as terrorist arrest worldwide.Preston Peet gets some of his stuff presented on Alternet
and Drugwars.com. He is a journalist of note for the cause of reform. It is Dan Forbes the prohibitionist need to fear though. I am still waiting for a Dan Forbes fix this year.
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Comment #1 posted by druid on January 10, 2003 at 09:52:55 PT
CNews Chat
I don't mean to kick a dead horse but could it please please please be possible for the chat administrator, observer I assume, to please set a line in the Chat configuration file? PLEASE PLEASE PLEASE PLEASE PLEASE
SHOWHOSTS yes/no2.02If this parameter is set to no the hostnames or IP addresses of the connected users are not shown to the other users.
This would make several of us here feel much more comfortable entering the chat.thanks for listening
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