cannabisnews.com: Marijuana Ruling a Victory For The Ill Marijuana Ruling a Victory For The Ill Posted by CN Staff on October 08, 2003 at 07:14:45 PT By Kirk Makin, Justice Reporter Source: Globe and Mail A federal program to supply marijuana to the seriously ill dehumanizes users by forcing them onto the black market to obtain a reliable supply, the Ontario Court of Appeal has ruled.It said bedridden patients have little choice but to acquire criminal contacts and tolerate the high costs, inherent dangers and interruptions of an underworld supply. Yesterday's 3-0 ruling allows ill people to grow their own supply or obtain it from designated growers. At the same time, it upheld the law prohibiting possession of the drug.The judgment ends a period of chaos in which some police forces had virtually stopped enforcing the possession law after a ruling in 2000 that the government's Controlled Drugs and Substances Act was unconstitutional because it failed to provide an exemption for medical use. The federal government appealed."As of 9 a.m. this morning, the free season on marijuana is over," lawyer Alan Young said. "The deficiencies in the law have been cleared up by the court."The ruling leaves uncertain the thousands of charges laid during a two-year period in which the law was held to be invalid.And it opens the door to large-scale, private cultivation to supply large numbers of people whose pain is alleviated by marijuana.Mr. Young, who teaches at York University's Osgoode Hall Law School and represents seven people who want the right to a legal supply of medical marijuana, said the ruling ends Ottawa's controversial growing program in Flin Flon, Man. "As we speak, I'm sure they are dismantling it," he said.Mr. Young said he will pursue a licence for a group of well-heeled, "reputable" individuals who want to set up a massive medical-marijuana operation.Rather than striking down the entire federal scheme yesterday, the appeal judges whittled away several provisions related to medical marijuana use to make it comply with Charter guarantees of life, liberty and security of the person.Health Minister Anne McLellan said she was "heartened" that the court upheld the medicinal access regulations, even if it did strike down some provisions.Mr. Young said that while the ruling helps the ill, it is a defeat for marijuana reformers. He said the court was able to uncouple the vexing problem of medicinal marijuana from the overall issue of recreational use.Momentum is now likely to drain away from the campaign for decriminalization, Mr. Young said. With the future of a federal decriminalization bill now clouded, Mr. Young said, the best hope for marijuana enthusiasts may be a constitutional challenge the Supreme Court of Canada is considering.Justice Minister Martin Cauchon had little to say yesterday other than to observe: "It is quite clear that the vehicle that we have chosen in order to give access to medicinal use of marijuana -- which is a regulation -- has been declared valid by the courts."In their ruling, the Court of Appeal judges, Mr. Justice David Doherty, Mr. Justice Stephen Gouge and Madam Justice Janet Simmons, sympathized with seriously ill patients. "Exposing these individuals to risks does not advance the objective of public health and safety," they said. "Rather, it is contrary to it. Equally, driving business to the black market is contrary to better narcotic drug control."They excised from the law:A "redundant" requirement that a second physician endorse a patient's application to receive medical marijuana;A restriction preventing designated, licensed growers from being compensated for supplying marijuana to sick people;A provision preventing licensed growers from growing marijuana for more than one person;A prohibition against licensed growers producing marijuana in common with more than two other growers.Note: With a report from Kim Lunman in Ottawa.Source: Globe and Mail (Canada)Author: Kirk Makin, Justice ReporterPublished: Wednesday, October 8, 2003 - Page A7 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmCanada Court Eases Medical Marijuana Rulehttp://cannabisnews.com/news/thread17494.shtmlOntario Court Reinstates Pot Law http://cannabisnews.com/news/thread17491.shtmlOnt. Court Fixes Ottawa's Medicinal Pot Programhttp://cannabisnews.com/news/thread17488.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by FoM on October 08, 2003 at 08:19:02 PT Virgil, Nope, Nada, Not! I have no idea! [ Post Comment ] Comment #5 posted by Virgil on October 08, 2003 at 07:56:56 PT You are good FoM,but can you.... produce the 2992 Uniform Crime Report figure for cannabis arrest or any article from any source that reports the official deficit for the federal fiscal year that ended 8 days ago? Anyone else want to try in this age of information?Honest Kuch for President. Clark is wishful thinking. [ Post Comment ] Comment #4 posted by FoM on October 08, 2003 at 07:53:24 PT Virgil, Here's The Other Article! http://www.cannabisnews.com/news/thread17499.shtml [ Post Comment ] Comment #3 posted by FoM on October 08, 2003 at 07:35:41 PT Virgil, Here's One of The Articles http://www.cannabisnews.com/news/thread17480.shtml [ Post Comment ] Comment #2 posted by OverwhelmSam on October 08, 2003 at 07:33:06 PT: Time To Lobby Your Legislators Hello Canada! With this court ruling, it's time to push your legislators to legalize, or at least decriminalize, marijuana. The current legislature initiative is to decriminalize 5 grams. That's ridiculous! Why waste the paper and just leave it illegal.Do Canadians have any weight with their legislators? [ Post Comment ] Comment #1 posted by Virgil on October 08, 2003 at 07:32:26 PT SD Supreme Court had important MMJ case An article worth reading concerning the South Dakota Supreme Court- http://www.aberdeennews.com/mld/aberdeennews/news/6946027.htmThe Cannabis Culture coverage of the ruling says the Canadian Supreme Court is expected to release a ruling in days. This is the last paragraph from http://www.hempbc.com/articles/3111.html- Meanwhile, the Malmo-Levine/Clay/Caine decision is about to be unleashed by Canada's Supreme Court, trumping whatever the provincial courts decide. Sources say the mammoth ruling is expected any day. [ Post Comment ] Post Comment