Medical pot patients can grow their own weed after federal court gives feds six months to regulate
Jonathan Hayward / The Canadian PressMarijuana is weighed at a medical marijuana dispensary, in Vancouver, Wednesday, Feb. 5, 2015.
VANCOUVER — A Federal Court judge has ruled that medical marijuana patients have the right to grow their own cannabis.
Judge Michael Phelan struck down federal legislation introduced by
the previous Conservative government that barred patients from growing
their own plants and required them to buy from licensed producers.
He is suspending the decision to strike down the law for six months, allowing the federal Liberal government time to create a new medical marijuana regime.
Phelan also extended the injunction that allowed people who held licences to grow their own marijuana to continue until a further court order.
The constitutional challenge was launched by four British Columbia residents who argued that legislation introduced by the previous Conservative government violated their charter rights.
The Marijuana for Medical Purposes Regulations were introduced in 2013 and required patients to buy cannabis from licensed producers instead of growing their own.
An injunction has allowed those who already held licences to continue growing marijuana until the Federal Court decision, which is set to have national impact on medical cannabis users and the new Liberal government.
The Liberals have committed to regulating and legalizing recreational marijuana but have said little about their plans for medical marijuana since being elected.
Phelan heard the case between February and May 2015 in Vancouver’s Federal Court.
Federal government lawyers argued that the new regime ensures patients have a supply of safe medical marijuana while protecting the public from the potential ills of grow-operations in patients’ homes.
But the lead counsel for the plaintiffs, John Conroy, told court that the legislation has robbed patients of affordable access to medicine. Some people were left with no choice but to run afoul of the law, he argued, either by continuing to grow their own or by purchasing on the black market.
THE CANADIAN PRESS/Adrian WyldA man lights a marijuana joint as he participates in the 4/20 protest on Parliament Hill in Ottawa, April 20, 2015.
He is suspending the decision to strike down the law for six months, allowing the federal Liberal government time to create a new medical marijuana regime.
Phelan also extended the injunction that allowed people who held licences to grow their own marijuana to continue until a further court order.
The constitutional challenge was launched by four British Columbia residents who argued that legislation introduced by the previous Conservative government violated their charter rights.
The Marijuana for Medical Purposes Regulations were introduced in 2013 and required patients to buy cannabis from licensed producers instead of growing their own.
An injunction has allowed those who already held licences to continue growing marijuana until the Federal Court decision, which is set to have national impact on medical cannabis users and the new Liberal government.
The Liberals have committed to regulating and legalizing recreational marijuana but have said little about their plans for medical marijuana since being elected.
Federal government lawyers argued that the new regime ensures patients have a supply of safe medical marijuana while protecting the public from the potential ills of grow-operations in patients’ homes.
But the lead counsel for the plaintiffs, John Conroy, told court that the legislation has robbed patients of affordable access to medicine. Some people were left with no choice but to run afoul of the law, he argued, either by continuing to grow their own or by purchasing on the black market.
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