Thursday, March 3, 2016

Canadian court voids medical marijuana grow ban

Ban on medical marijuana patients growing own pot struck down by Federal Court - British Columbia - CBC News - Mike Laanela:

February 24, 2016 - "A Federal Court judge has struck down federal regulations restricting the rights of medical marijuana patients to grow their own cannabis and given the Liberal government six months to come up with new rules.

"Judge Michael Phelan ruled Wednesday in Vancouver that the Marijuana for Medical Purposes Regulations were an infringement on charter rights and declared they have no force and effect.

"But the judge also suspended his declaration for six months to give the federal government time to come up with new rules.

"The judge was careful to point out that the ruling does not change other laws that make it illegal for Canadians to use marijuana recreationally.

"The judge also ordered that an earlier injunction remains in effect, allowing thousands of Canadians with prior authorization to use medical marijuana to continue to grow it at home.

"Lawyer John Conroy, who co-represented the plaintiffs in the case, noted the ruling did not automatically include all medical marijuana users. He said the ruling applied only to about 28,000 Canadians who had the proper licences in place at the time of the injunction....

"'We will be heading back to court to fine-tune that injunction,' said Conroy on Wednesday afternoon in Vancouver.... He also cautioned users who have possession licences to make sure they are updated.

"'Hopefully within six months we'll have a reasonably regulated system in place that solves the problems for everyone,' he said."

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