CN - Top Court Ends Federal Marijuana Monopoly

Top Court Ends Federal Marijuana Monopoly

Sunday, April 26, 2009, 8:10

Judges Refuse To Hear Appeal; Medical Users Can Seek Other Suppliers

( CNS ) Canadians who are legally permitted to smoke marijuana to treat illness won a victory in the Supreme Court of Canada on Thursday when it refused to hear an appeal of a ruling that put an end to the federal monopoly.

A three-judge panel, without giving reasons, rejected the Justice Departmentâ??s application to challenge a Federal Court of Appeal decision that gave licensed producers the right to grow marijuana for more than one patient.

The Supreme Courtâ??s decision to stay out of the matter effectively upholds the 2008 ruling, which dismissed the governmentâ??s argument that the industry would be thrust into deregulation if the court loosened federal restrictions.

The decision was a victory for a group of patients who argued that the government-issued marijuana, supplied by Prairie Plant Systems in Manitoba, is too weak and that they should have the option to find their own supply.

The appeal court decision struck down regulations that allowed users who canâ??t grow their own marijuana to designate a grower, or to obtain the drug from government.

The patients sought the right to buy marijuana from Carasel Harvest Supply Corp., which, under the current regime, was not allowed to supply more than one patient with medical marijuana.

There are about 2,000 people legally allowed to use marijuana for medical purposes, but the lower court found that only 20 per cent buy it from the government supplier.

Justice Department lawyer Sean Gaudet argued in the appeal court that statistics werenâ??t enough to conclude the government-supplied marijuana was inadequate or that people were forced to seek drugs on the illegal market.

Moreover, he argued, sanctioning growers to supply more than one patient would allow the industry to develop â??without safeguardsâ? and exacerbate the risk that marijuana will be diverted to improper use.

Source: Ottawa Citizen (CN ON)
Copyright: 2009 The Ottawa Citizen
Contact: Ottawa Citizen
Website: Ottawa Citizen - Breaking News, Ontario, Canadian News & Multimedia
Author: Janice Tibbetts, Canwest News Service