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Canada Eases Rules on Growing Medical Marijuana

Luke McCann

Yahoo News

Tuesday 07 Oct 2003

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TORONTO (Reuters) - Canadian courts ruled on Tuesday that businesses and
individuals be allowed to grow and supply large amounts of medical
marijuana, effectively relieving the Canadian government of its often
criticized and fairly unsuccessful attempts to do so itself.

"What is going to change in Canada is that one person or one company can
grow for an unlimited number of people ... and in terms of supply and
cultivation, you can now pay people to grow for you," said York University
Law Professor Alan Young, a legal counsel to the people seeking laxer
growing rules.

He said the ruling will make it easier for sick people to get marijuana by
allowing them better access and more choice.

The ruling stems from an Ontario Court of Appeal decision in January that
called on the Canadian government to provide a licit source of marijuana to
people suffering from illnesses like AIDS and multiple sclerosis, so they
would not have to buy it off the street.

In July, Canada became the first country in the world to start selling
government-grown marijuana to seriously ill people, an approach markedly
different to that of the United States, where the Supreme Court in 2001
upheld a federal ban on medical marijuana.

The new Canadian regulations meant that some 650 sufferers granted
dispensation from criminal laws to use the drug were allowed to buy
marijuana grown in a government facility in Flin Flon, Manitoba, or buy a
pack of 30 seeds to grow their own.

But the sufferers were soon unhappy with the quality of the
government-grown marijuana, and the lawsuit attacked the ban on the basis
that the federal government had not adequately attended to the needs of
sick people.

CANADIAN GOVERNMENT OFF THE HOOK

Tuesday's ruling, as well as allowing sick people easier access to the
marijuana that they use to ease pain, or boost the appetite, also lets the
Canadian government wash its hands of the business of selling the drug.

The government, which officially recommended that patients put its
marijuana in food or drinks rather than smoking it, had been growing the
drug in a converted mine shaft.

"When we finish this interview the (government) distribution program will
be over," said Young.

"They've been waiting to be relieved of this obligation. They cannot remove
their obligation to supply seeds, because that's the necessary first step
for someone to grow legally for themselves, but there is nothing in the
judgment that suggests the government has an obligation to supply ... and
(the government) has always called this policy interim."

While the ruling states that the drug can now be grown privately for more
than one person, it also says that anyone wishing to do so needs a license.

Canada's Heath Minister Anne McLellan said she was "heartened" by the
court's decision to uphold access regulations for medical marijuana.

It was not clear what would happen to the Flin Flon plant.

(Additional reporting by Randall Palmer in Ottawa)



 

 

 

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