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Canada: Editorial: Now That Marijuana Is Legal For Pain Relief

Globe and Mail (Canada)

Monday 30 Jul 2001

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Not everyone was cheering yesterday, as Canada became the first country
in the world to legalize doctor-prescribed marijuana for people
suffering from terminal illnesses and chronic conditions that produce
severe pain.

Among those voicing worry was the Canadian Medical Association. Police,
too, must be wondering about enforcing laws that apply to most citizens,
but not all. Still others perceive a slippery legal slope that will
lead to wider drug use.

All that said, the newest amendment to the Controlled Drugs and
Substances Act should be hailed as a useful step forward.

It was a step taken under pressure. An Ontario Court of Appeal ruling
last year, one in a string of judgments sanctioning marijuana use for
patients with such grave ailments as HIV/AIDS, multiple sclerosis,
cancer and severe arthritis, gave Ottawa until July 31 to create a legal
avenue for those patients to obtain their dope. Under the new
regulations, those patients may grow marijuana for their own needs or
have someone else do it for them - -- including the government. Hence
the federally funded underground marijuana-growing operation in Flin
Flon, in northern Manitoba, which over the next five years expects to
harvest a tonne of medium-grade pot.

None of that crop will be available until fall at the earliest. Until
then, many of the roughly 300 individuals currently exempt from Canada's
cannabis-possession laws ( 500 more applications are pending ) will have
to continue paying visits to their friendly neighbourhood dealer.

Therein lies the first, immediate problem identified by the CMA and
other medical groups. The Flin Flon product, when it comes onstream,
will have an expected THC content ( the ingredient that gets a person
high ) of 5 to 7 per cent. On the street, however, THC levels are often
a guessing game. Thus, for now, the physicians who authorize a sick
patient's marijuana use will effectively be approving a drug of unknown
strength.

Even when the state-sanctioned supply materializes, the CMA notes, there
will still be a dearth of reliable data on marijuana's long-term effects
on the seriously ill, particularly if those people are also ingesting
other drugs. Results from the first clinical tests, in Toronto and
Montreal, will not be assessed until next year.

The new regulations, in sum, are the result of court rulings rather than
medical evidence. But that doesn't mean those regulations are wrong.
They came about because judge after judge, in court after court, was
hearing the same consistent message. Men and women with agonizing
illnesses stated that, yes, marijuana really does ease the pain.

Agreed, there are plenty of unknowns in this experiment, which is being
watched closely from around the world. At the same time, severe pain is
knowable. Ask anyone who has to live with it.

As for law enforcement, there is no disputing that the new landscape
creates difficulties and may become more complicated still. Sooner or
later - -- probably sooner -- a recreational pot-smoker will be found to
have lied to his or her doctor, or in some other dishonest way tried to
secure exemption from the criminal law. And when hundreds of kilos of
state-grown pot start appearing, it will be remarkable if a portion of
that is not diverted.

That's another good reason, we would argue, to take the next logical
step in this decades-old debate. Decriminalize small-scale marijuana
use entirely, and stop saddling pot-smokers with criminal records that
last a lifetime. As with this current, limited level of toleration,
opening such a door would create much uncertainty. But as with these
new regulations, uncertainty is not necessarily the worst choice.


 

 

 

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