cannabisnews.com: Ottawa Must Make Access To Pot Easier, Court Rules Ottawa Must Make Access To Pot Easier, Court Rules Posted by CN Staff on October 07, 2003 at 08:40:32 PT By Kirk Makin, Globe and Mail Update Source: Globe and Mail A federal scheme that supplies marijuana to those with serious medical problems unconstitutionally forces users into the black market to obtain a reliable supply, the Ontario Court of Appeal has ruled.The court said the current federal licensing scheme obliges those who are ill to act like criminals, obtaining illicit supplies "with all the risks of tainted product this presents. "Exposing these individuals to these risks does not advance the objective of public health and safety," it said in a 3-0 ruling. "Rather, it is contrary to it. Equally, driving business to the black market is contrary to better narcotic drug control."The court stopped short, however, of striking down the entire scheme. It opted to tinker with the law to make it comply with the constitutional right to life, liberty and security of the person.The ruling effectively forces the government to make it easier to grow and supply licenced marijuana to medicinal users, while at the same time upholding the laws prohibiting pot possession. Specifically, it removed:The need for a second physician to endorse a patient's application to receive medical marijuana."This requirement is at best redundant," the court said. "It adds no value to the application and does little or nothing to advance the state objective. In particular, it does nothing to promote public health and safety."A restriction that prevents designated, licenced growers from receiving compensation for supplying marijuana to sick people eligible to receive it.A provision that prevents licensed growers from raising marijuana for more than one person.A prohibition against licensed growers' producing marijuana in common with more than two other growers.The court said its order will take effect immediately."Some of these people are terminally ill," it said. "To suspend our remedy if they may die in the meantime is, in our view, inconsistent with fundamental Charter values."Mr. Justice David Doherty, Mr. Justice Stephen Gouge and Madam Justice Janet Simmons emphasized that they were doing their best to respect the federal government's right to legislate."This case is not about the social and recreational use of marijuana, but is about those with the medical need to use marijuana to treat symptoms of serious medical conditions," it said.The judges said there is incontrovertibly "a strong body of opinion supporting the claim that marijuana offers some individuals inestimable relief from a variety of debilitating symptoms associated with serious long-term illness such as AIDS, cancer and epilepsy."At the same time, it said, scientists remain uncertain about health risks of long-term marijuana use — and the federal government has genuine concerns about rushing forward.Today's ruling came after the federal government appealed a decision last January in which Ontario Superior Court Judge Sidney Lederman ruled in favour of seven ill people who sued the government for a legal source of pot.Judge Lederman said it was unfair to allow people to use medicinal marijuana and yet compel them to purchase their supply on the black market because they are not given access to a legal supply.Judge Lederman set a deadline in July for the federal government either to alter its regulations or to supply marijuana itself. The government responded with a stopgap plan whereby it supplies pot to approved users.The hurdles involved left some sick people complaining that they could not gain to a legal supply of marijuana. Others did not apply to receive the government-grown marijuana because of quality concerns.So far, the pot is being grown in Flin Flon, Man., by a company on contract to the government, but there has been considerable controversy about its quality.While Tuesday's ruling is less broad than Judge Lederman's, it is likely to meet with the approval of most medicinal users.Many find the criminal prohibition offensive but were prepared to settle for a relaxation in the strict eligibility requirements for approval and the provision of a legal, affordable, and effective supply of pot.Many marijuana advocates have seen the rules involving medicinal marijuana as a first step toward decriminalizing the drug and establishing legal distribution channels in Canada. Source: Globe and Mail (Canada)Author: Kirk Makin, Globe and Mail UpdatePublished: Tuesday, October 7, 2003 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Sites:Canadians for Safe Accesshttp://www.safeaccess.ca/Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmOnt. Appeals Court Rejects Federal Pot Programhttp://cannabisnews.com/news/thread17485.shtmlRuling Could Leave Canadian Users Without Supply http://cannabisnews.com/news/thread17483.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by ekim on October 07, 2003 at 19:51:11 PT a dime a jay keeps the doctor away a dime a jay keeps the doctor away--hip hip horay sent a copy of this to Diane Rehm at NPR today. ----asking for those that read this comment please give a moment of reflection for a great Warrior Woman named Patti Shirley a lawyer and compassionate freind for all people of good will in Kalamazoo. She is fighting the latest of many battles with cancer. Think a wonderfull human being --aah- thank you very much she needed that.http://www.cannabisnews.com/news/thread17464.shtmlwhile government grown medical marijuana costs only a dime a joint to grow and roll.These were patients smoking up to 300 joints a month of low grade, poorly cured, harsh smoking dirt weed grown in Missisippi behind barbed wire. They are even required to smoke it as joints, no water pipes, vaporizers or eating it. The pot they are sent is only slightly better quality than Government Cheese, yet it kept these sick people alive [ Post Comment ] Comment #8 posted by FoM on October 07, 2003 at 12:12:17 PT Nuevo Mexican Thank you. Good luck to you! [ Post Comment ] Comment #7 posted by Nuevo Mexican on October 07, 2003 at 11:48:32 PT To all Canadians, urge U.S. Citizens to vote! For Ohio Rep. Democrat(more Green the Dem) Dennis Kucinich, as he is the only candidate who stands completely opposed to the "War on drugs" and is the only true anti-war candidate. All the other candidates are jumping on his bandwagon, with Dean of all people getting the 'Anti-war' moniker undeservedly. If journalists who shop here for their groundbreaking news stories are reading this (HI!), get on this one! The media fears Dennis Kucinich, his message, his followers, and what he will do to undo bushes trashing of America. Canadians please consider encouraging Americans to vote for the only Cannabis friendly candidate, as all others are sheepish, Dean in particular, and Clark is probably less afraid of this issue, though not outspoken like Kucinich.It will take concerned citizens from other countries to wake up the American populace, as dumb and dumber run the country into the ground. I predict Arnold losing, but if the ballots can be rigged, they will be, and the mass exodus from Cali to Canada will begin. If Canadians don't want Californians taking over their country, they better hope Arnolds coup de tat fails, and thus should involve themselves in emailing their American friends and educating them on how the world see us: as brutes, idiots, jerks, and unconcerned about having the world set on a path of certain destruction. When we take our country back, we'll be able to stand for something again, not fall for anything the media tells us to!FOM, you are amazing! Thanks for all you do! You have no idea how many lives you've touched, and in the most compassionate way! [ Post Comment ] Comment #6 posted by Kegan on October 07, 2003 at 11:37:47 PT Cops and Rec Users It is unlikely that the police will put any more or less zeal into their activities until instructed to do so.They were told that pot was still an offense, and to do whatever they would normally do.... from May 16th till today. 50% of the time they just ignore you.It is pretty likely they will stay the course.The mandate of law enforcement won't change, until parliamnet does something, then tells the cheifs of police to change their mandate. That could take a year.They didn't do anything different, so they are unlikely to start doing anything different today or tomorrow. Except lay off compassion clubs. [ Post Comment ] Comment #5 posted by Virgil on October 07, 2003 at 09:08:56 PT Not exactly Many marijuana advocates have seen the rules involving medicinal marijuana as a first step toward decriminalizing the drug and establishing legal distribution channels in Canada. That should read- "People educated in the cannabis perspective have said that the sick and dying should be removed from the battle against cannabis prohibition. To prohibit sick and dying people access to a proven remedy that prevents pain and postpones death is an act of murder and inhumanity. Once the sick and dying are cared for and the miracle of this beneficial plant establishes a safe and enduring track record in releiving pain and restoring attitude, the world will clearly see how the prohibitionist have lied and injured just to carry on their total prohibition. The Schedule One Lie by the American government that has Marijuana has no medical value on every stone in its stonewall that defended prohibition of clinical cannabis to needy Americans will be an enduring wall of lies that stand out in the other lies that defend cannabis prohibition. The next lie to fall will be the prohibitionists favor chant that relies on constant repetition and silence of debate to exist- Marijuana is a dangerous drug"I cannot wait until a MS patient puts up an array of pills on a television show and says I used to take all of these and read the side effects. Then he could hold up the warning label on GW Pharma extracts and read how safe it is and eat the whole bottle. A dangerous drug my ass. How are the prohibitionists going to have their circus when their center poll comes down? The answer is obvious- the circus is on its last tour. [ Post Comment ] Comment #4 posted by kaptinemo on October 07, 2003 at 09:06:11 PT: I'm no lawyer, but... It seems to me that some avenues are still left open. Namely, forcing the government to prove that the restrictions against allowing non-nedical uses must be backed by scientific evidence. The Canadian Senate has in effect done most of the preliminary leg-work; it'a matter now of sufficient presure being brought to bear on the MP's to cause the government to initiate the actual toxicity research...which it could crib from numerous sources.Once again, it's the politics of easily cured ignorance in the driver's seat. [ Post Comment ] Comment #3 posted by WolfgangWylde on October 07, 2003 at 08:50:55 PT Yep... ...that about sums it up. Good for the patients, though. If you listen carefully, you can hear all those toker-friendly cafes putting up the No Smoking signs. [ Post Comment ] Comment #2 posted by BGreen on October 07, 2003 at 08:47:07 PT Compassion for the sick and hell on earth for the recreational or social user.A step forwards for a few and a trip to jail for many.The Reverend Bud Green [ Post Comment ] Comment #1 posted by FoM on October 07, 2003 at 08:42:27 PT Here Comes The Details I haven't even read this so I'm not sure if it's good or bad. I wanted to get it posted first. Here it is! [ Post Comment ] Post Comment