cannabisnews.com: Pot for Medical Purposes Gets Clearer in Canada





Pot for Medical Purposes Gets Clearer in Canada
Posted by FoM on June 09, 2001 at 13:14:50 PT
By Ian Mulgrew, Vancouver Sun 
Source: Vancouver Sun
On July 31 last year, the Ontario Court of Appeal ruled Canada's marijuana laws were unconstitutional. The court ruled that the exemption process under the Controlled Drugs and Substances Act -- Section 56 -- gave the minister of health too much discretion. The court gave Ottawa until July 31 to remedy the situation. The federal government did not appeal. Instead, Health Minister Allan Rock drafted new regulations for the use of marijuana for medical purposes. 
Under the proposed regulations that could become law by August, three categories of people can possess the drug: - Those with terminal illnesses who are expected to die within one year. - Those with symptoms associated with serious medical conditions. - Those suffering from symptoms relieved by smoking pot. Severe arthritis, for example, is classified as a Category-2 condition, along with cancer, AIDS, HIV infection, MS and several other ailments. But the drug could be used also by those plagued by persistent muscle spasms, seizures, severe pain, nausea, weight loss and anorexia. For those who cannot grow their own pot and who do not want to purchase the marijuana being grown under federal contract, the measures allow licensed gardeners chosen by individual patients. Designated growers, who must have no criminal records, will be authorized to produce a maximum number of indoor or outdoor plants, based on the patient's need. This is not a unique approach to the multi-faceted conundrum that marijuana represents for politicians. Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington State have passed, or have voter-approval for, medical-marijuana laws. California's law, passed by voters in 1996, allows the possession and use of marijuana for medical purposes with a doctor's recommendation. In the Ontario decision, the court appended to its reasons a copy of the California Compassionate Use Act of 1996 as well as the most recent legislation from Hawaii. The Californian law, while declaring that its purpose is to ensure that "seriously ill" Californians have access to marijuana where recommended by their doctor for cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis and migraine, goes on to include "or any other illness for which marijuana provides relief." The Hawaiian law, on the other hand, requires the doctor to first diagnose the patient as having a "debilitating medical condition" such as "cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions." The act also sanctions its use for "a chronic or debilitating disease or medical condition or its treatment that produces one or more of Cachexia or wasting syndrome, severe pain, severe nausea, seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease." And it says it's okay for "any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or qualifying patient." Still, in May, the U.S. Supreme Court took the opposite tack from the Canadian courts by ruling that the American federal law classifying the drug as illegal holds and supersedes the states' legislation. The 8-0 decision written by Justice Clarence Thomas was an emotional setback for many patients: It said Congress had determined marijuana "has no currently accepted medical use." The Clinton administration launched the case in January 1998 by suing the Oakland Cannabis Buyers' Co-operative for endangering "the government's ability to enforce the federal drug laws." To date, there have been few clinical trials worldwide on the use of marijuana. Two approved drugs marketed in Canada as Marinol and Cesamet contain active ingredients derived from marijuana -- respectively, Dronabinol and Nabilone. They are generally used for the treatment of nausea and vomiting induced by chemotherapy. Note: In the U.S., the Supreme Court has ruled federal law classifying the drug as illegal supersedes state laws.Complete Title: Using Pot for Medical Purposes Gets Clearer Route in Canada Source: Vancouver Sun (CN BC)Author: Ian Mulgrew, Vancouver Sun Published: Saturday June 9, 2001Copyright: The Vancouver Sun 2001Contact: sunletters pacpress.southam.caWebsite: http://www.vancouversun.com/Related Articles & Web Sites:Canadian Linkshttp://freedomtoexhale.com/can.htmOCBC Versus US Governmenthttp://freedomtoexhale.com/mj.htmHow B.C. Stands To Gain from Medical Marijuana http://cannabisnews.com/news/thread10007.shtmlOntario Court Says Law Against MJ Unconstitutionalhttp://cannabisnews.com/news/thread6576.shtmlCannabisNews Articles - Canadahttp://cannabisnews.com/thcgi/search.pl?K=canada 
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