Pot-Appeal,If forwarding or posting, edit out reference to myself..thanks,,
Michael
Ruling could leave Canadian users of medical marijuana without legal supply
GILLIAN LIVINGSTON
TORONTO (CP) - Canadians who are allowed to use medicinal marijuana could be
forced to buy their medicine from the black market if a decision by the
Ontario Court of Appeal, expected Tuesday, rules that the federal government
doesn't have to provide pot to critically ill people.
Alison Myrden, one of the litigants in the case, said the issue of having a
legal supply of marijuana is "critical" for her because the drug - which she
takes instead of more than 30 pills and morphine - helps her deal with the
pain of chronic progressive multiple sclerosis and other ailments. "I'm not
walking away without winning," she said. "I've been fighting to get the
government to supply me for four years. That's all I want. I never wanted to
break the law."
Myrden said she hasn't yet applied to receive the government-grown marijuana
due to quality concerns.
So far, the pot being grown in Flin Flon, Man., by a company on contract to
the government hasn't had good reviews.
In Tuesday's ruling, the Ontario court could force the government to
continue supplying pot to medicinal users, while allowing it to uphold the
laws prohibiting pot possession.
The court could also rule the government doesn't have to provide a legal
source of pot to medicinal users, and continue to prohibit possession of the
drug. That would mean that people who are approved to use the drug would
have to turn to an illegal supply source.
Another possibility is the court ruling that the laws prohibiting marijuana
possession are unconstitutional and hurt those who use pot for medical
reasons.
Although the court can make further comments about Canada's medicinal
marijuana program, those are three possible outcomes of the decision, said
Alan Young, one of the lawyers arguing the case for seven ill people who
sued the government for a legal source of pot.
"The decision could effectively recriminalize marijuana or it could confirm
that the law does not exist because of deficiencies in the medical program,"
Young said in an interview Monday.
While that might decriminalize the possession of small amounts of pot, the
issue of who could distribute marijuana would still have to be dealt with,
he said.
"Just because you decriminalize marijuana possession doesn't mean that the
people who are going to distribute to medical users will be allowed to do
so," Young said, but added that would be the first step towards
decriminalizing the drug and establishing legal distribution channels in
Canada.
The appeal stems from a case in January in which Ontario Superior Court
Justice Sidney Lederman ruled it was unfair for the federal government to
allow people to use medicinal marijuana but put them in a position where
they have to buy it from the black market because Ottawa doesn't provide
legal access to cannabis.
Lederman gave the government a July 9 deadline to either fix the regulations
or supply the pot itself. As a result, the government instituted an interim
policy where it supplies pot at set prices to approved users.
If the court rules that the government doesn't have to provide marijuana to
medicinal users, Young expects the government will scrap its current supply
plan.
"I would say that it is a foregone conclusion that if the court relieves
(the government) of a constitutional obligation to distribute (marijuana),
they will cease and desist within minutes," Young said.
Jirina Vlk, a spokeswoman for Health Canada, said that "until we've actually
seen what the decision is, I don't think we can speculate on what we would
do or not do because there might be certain stipulations within a decision."
Medicinal users of marijuana would be satisfied if the ruling required the
government to relax the strict eligibility requirements for approval, and to
provide a legal, affordable, and effective supply of pot, Young said.
However, "most medical users are also really disgusted by the continuing
presence of the prohibition," Young said, so "no one is going to shed a tear
for the loss of the criminal prohibition."
Earlier this year, Ontario's laws against marijuana possession were thrown
into question after a judge ruled that possessing less than 30 grams of pot
is no longer against the law in the province.
� The Canadian Press, 2003
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