By: Frehiwote Negash –
It’s been nearly a year since the Medical Marijuana Purposes Regulation has gone into effect and the debate over who has the “right to grow” has shift into a legal battle about patients’ rights and accessibility versus government oversight. The fight for medical marijuana has taken a decidedly different tone here in Canada compared to our southern neighbor. While U.S senators from both parties are fighting to get medical marijuana passed into law at the federal level, patients in Canada are battling their own government to continue to grow their own cannabis without having to turn to commercially licensed producers. The Harper government lost its latest appeal to prevent registered medical marijuana users from growing their own pot at home. The Federal Court of Appeal unanimously upheld the injunction that allows these exempted patients from purchasing medical marijuana under the new system. That means while the government gears up for another round in the courts, these patients will still be able to produce their own medicine. However, the recent arrest of Bob Dillman and his wife in Dartmouth, N.S has added fuel to the fire. Dillman, who was allowed to produce his own medicine under the old regime, was charged along with his wife with production and possession of marijuana. The take away for users reliant on their own production is that the new regulations view them as criminals, not patients.
The previous medical marijuana system, which came into effect in 2001, allowed patients to either grow their own pot or designate someone to grow it for them should they choose not to purchase their cannabis through Health Canada. The new system allows for patients to purchase their pot from through producers who have been sanctioned by Health Canada while phasing out the home cultivation option. Patients have argued that the new regulations violate Section 7 of the Canadian Charter which protects “life, liberty and security of the person.” They argue that the under the new system, prices for medical marijuana are expensive for the amount they consume. It isn’t just a question of affordability but also of quality control and choice as patients want to decide for themselves what to consume and not have to worry about the limitations on possession. Another issue with the current system is whether there is enough supply to meet the demand as only a handful of the 23 licensed producers have already begun large scale production. With the number of registered users expected to grow ten-fold within the next decade, the system needs revamping but it is not without its merits.
The government argues that with the new system it reduces the need of Health Canada monitoring grow –ops and reduces safety concerns in communities. The process of acquiring a license is difficult as wannabe producers are required to go through a number of security checks. While there are a number of issues with the long wait times, the sense here is that Health Canada’s rigorous process is better for the patient and places license holders under stringent quality control regulations forcing them to be accountable. If medical marijuana is to become a $ 1 billion industry, then government oversight is essential for the safety of the patient. There are merits to both arguments but the crux of the issue how to more clearly define Health Canada’s mandate on the issue.
Source: CBC, Yahoo News