cannabisnews.com: Ont. Appeals Court Rejects Federal Pot Program Ont. Appeals Court Rejects Federal Pot Program Posted by CN Staff on October 07, 2003 at 08:25:39 PT By CTV.ca News Staff Source: CTV The federal government's latest attempt to patch the constitutional holes burning through its medical marijuana program has been rejected. Ontario's highest appeals court ruled Tuesday that Ottawa's initiative is unconstitutional.In its decision, the Ontario Court of Appeal found that Ottawa's Marijuana Medical Access Regulations are unconstitutional because they impair a patient's right to a safe and legal supply of the drug. "Many of these individuals are not only seriously ill, they are also significantly physically handicapped and therefore cannot possibly grow their own marijuana," a synopsis of the judgment said."A scheme that authorizes possession of marijuana by seriously ill individuals but which drives some of them to the black market . . . undermines the rule of law and fails to create a constitutionally valid medical exemption to the criminal prohibition against marijuana."The appeal stems from a case in January in which Ontario Superior Court Justice Sidney Lederman ruled it was unfair for the federal government to allow people to use medicinal marijuana without providing a legal means of buying the drug.Lederman gave the government a July 9 deadline to either fix the regulations or supply the pot itself. As a result, Health Canada was compelled to distribute the pot it had been growing for research purposes.The federal government also appealed the ruling, saying it shouldn't be forced to provide a legal source of cannabis.Prairie Plant Systems, having won a $5.75-million contract to grow the marijuana for Health Canada, has been growing the drug on Ottawa's behalf, in a vacant mine buried deep under Flin Flon, Manitoba.Last month, some of the first patients to smoke Health Canada's government-approved pot accused Ottawa of growing a sub-standard product.Three of the 10 people approved to use the government marijuana said the Prairie Plant Systems' pot they were sold was so bad they want their money back.Ontario's marijuana laws have been in question since a judge ruled that possessing less than 30 grams of pot is no longer illegal in the province.With reports from The Canadian PressSource: CTV (Canada)Published: October 7, 2003Copyright: 2003 Bell Globemedia Interactive Inc. Website: http://www.ctv.ca/Contact: newsonline ctv.ca Related Articles & Web Site:Canadians for Safe Accesshttp://www.safeaccess.ca/Ruling Could Leave Canadian Users Without Supply http://cannabisnews.com/news/thread17483.shtmlHealth Canada's Reefer Madnesshttp://cannabisnews.com/news/thread17376.shtmlHealth Canada Medical Marijuana Could Be Betterhttp://cannabisnews.com/news/thread17348.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by WolfgangWylde on October 07, 2003 at 08:42:20 PT This has some holes in it... ....The court basically instructed the gov't on how to fix it. Namely:1) Lift the prohibition against compensating a DPL holder (licensed grower) for growing marihuana and supplying it to an ATP holder (patient), 2) Eliminate the provision preventing a DPL holder from growing marihuana for more than one ATP holder; 3) Lift the prohibition against a DPL holder producing marihuana in common with more than two other DPL holders; and 4) Eliminate the second specialist requirement.Once the gov't implements these changes, the MMARs will be constitutional, and the simple possession laws will be re-instated in full. [ Post Comment ] Post Comment