Results of Ontario medical marijuana case today

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CBC News: Pot OK for medicine, not for fun: Ontario courtif forwarding or posting,edit out reference to myself...thanks Michael

Pot OK for medicine, not for fun: Ontario court Last Updated Tue, 07 Oct 2003 16:14:16 TORONTO - A court in Ontario has ruled that possession of marijuana for social or recreational use is illegal. INDEPTH: Marijuana

But the Ontario Court of Appeal also clarified the rules for users of medicinal marijuana, making it easier for them to get the pot they need to relieve their symptoms.

A synopsis of Tuesday's ruling shows the court found Ottawa's medicinal marijuana program is not valid constitutionally. But rather than strike down the federal rules, the court ordered changes that will put the program within the Constitution. Those changes also make it clear that using pot - except for medicinal uses - is not legal. They remove "any uncertainty concerning the validity of the prohibition" on marijuana.

The court was ruling on the federal Marijuana Medical Access Regulations (MMAR), which control growing and selling pot for medicinal purposes. "Several seriously ill individuals" attacked the regulations because they allow some sick people to use marijuana, but forced some of them to turn to black market suppliers.

In January, a lower court said that was unconstitutional, but Ottawa appealed.

The Ontario Appeal Court rejected the federal appeal Tuesday, saying that MMAR depends on the existence of a black market. That "undermines the rule of law and fails to create a constitutionally valid medical exemption to the criminal prohibition against possession of marijuana." The court wrote new rules to make it easier for ill people to legally get medicinal marijuana, but in the process, it also reaffirmed the ban on pot. The federal government, however, has said it will decriminalize possession of small amounts.

Written by CBC News Online staff

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