cannabisnews.com: Court Nixes Fed's Medical-Pot Regulations





Court Nixes Fed's Medical-Pot Regulations
Posted by CN Staff on January 09, 2003 at 13:59:34 PT
By James McCarten, Canadian Press 
Source: Canadian Press 
Toronto - A group of seriously ill people has won the first battle in an ongoing war with Ottawa over a scheme to permit the use of medical marijuana the patients say violates their constitutional rights. An Ontario judge agreed Thursday that the federal government's Medical Marijuana Access Regulations are unconstitutional because they prevent more deserving people from exemption than they permit.
The ruling from Ontario's Superior Court is binding on lower courts, subject to an appeal, and will likely wreak further havoc on the laws in Canada that make possession of marijuana illegal, said lawyer Alan Young. "We sued the government, saying their regulatory regime for medical people was unsound," said lawyer Alan Young. "The judge agreed, saying they have six months to address it or they lose the law." The regulations give eligible people an exemption from provisions of the Controlled Drugs and Substances Act, the law which makes possession of pot illegal for everyone else. Unless Ottawa appeals the ruling or comes up with a new medical-marijuana regime within six months, that law will fall, Young said. "The law will be dead in Ontario," he said. "There will be no further questions about that." Young argued in court last year that the regulations demand medical declarations that few doctors are willing to provide given the legal consequences. They also make it impossible for a doctor to recommend a dosage, since the drug remains unregulated in Canada. Even those who do win a legal exemption - more than 300 people in Canada are currently permitted by Ottawa to smoke pot for medical reasons - are forced to break the law, resorting to black-market weed because the government is dragging its heels on efforts to cultivate a pure supply for clinical trial. There were seven marijuana consumers included in Young's group of applicants, along with a caregiver, the Toronto Compassion Centre. Three other applicants are also participating in the hearings. There was no immediate word Thursday on whether the ruling forces the government to make available the marijuana it grew in a Manitoba mineshaft under a $5.7-million contract for clinical trials. Federal Health Minister Anne McLellan had refused to allow the marijuana to be distributed because she says it simply isn't pure enough. Source: Canadian PressAuthor: James McCarten, Canadian Press Published: Thursday, January 09, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Sites:Health Canadahttp://www.hc-sc.gc.ca/Hemp Canadian http://www.hempcanadian.com/Flin Flon Pot To Escape Fiery Fatehttp://cannabisnews.com/news/thread14782.shtmlAnne 'Stalling' on Pot - Edmonton Sun http://cannabisnews.com/news/thread13825.shtmlHow To Stall On Medicinal Marijuanahttp://cannabisnews.com/news/thread13823.shtml
Home Comment Email Register Recent Comments Help




Comment #13 posted by paulpeterson on January 10, 2003 at 07:37:11 PT
p4me
Read you loud and clear. Order accepted. I will check in more frequently than the past 6 months of total blackout. I am just amazed at the political setup here in the heartland. Democratics control all pivotal slots in government and they are all talking about reigning in corporate drug greed. The new AG's office was very surprised to find that Illinois already has a quality MM law (and for 32 years no less). The Gov's office is rather unsure as to how to proceed on this one, but of course they do have an almost 3 billion deficit to contend with. Both legislative chambers are solidly democratic for the first time in decades. Illinois also passed a hemp bill last two years but it got veto'd. (Anybody have any update on that 9th Circuit case argued 4/9/02 about the DEA's HEMP BAN? Isn't a decision from our folks out there due soon?).Of course, the most astounding thing is the new study about how marijuana STOPS SKIN CANCER. I plan to start publicizing the ALZHEIMER connection soon also. Seems that pot products intercept those AMYLOID BETA PROTEINS that kill brain cells. When you consider Alzheimer's & skin cancer together, that must represent a huge burden of fear and anxiety to older folks, the "GRAY PANTHERS" that vote in droves. Add in PRESCRIPTION DRUG PRICE GOUGING to the mix and this has an almost revolutionary bent, eh?Thanks for the post about those RITALIN articles that the Tribune AND Sun Times are running. I especially note that when they use the words "drug abuse" they have included alcohol & cigarettes to the mix, which is the way it should be. I keep hammering away that I want to make people to lose the fear of talking about marijuana ie: if they mention the word they will likely be incarcerated first, then consider "drug abuse" second. The way it should be: is for people that know they have a DEPENDENCY to any drug, including good old alky or cigs, to feel comfortable coming forward to these drug addiction people without fear of retribution, etc., rather than having some inpatient program just drooling for bodies merely because the word comes up. (Not that marijuana has any really bad "dependency" potential, but I have known of some troubled kids that do way too much of this stuff (and those other ones as well).
 
Signing out for now, over and out.
[ Post Comment ]


Comment #12 posted by The GCW on January 10, 2003 at 05:44:57 PT
God Awesome! Kegan.
"The suspense is damn near killing me!"TOO.Oh Cannada! 
[ Post Comment ]


Comment #11 posted by kegan on January 10, 2003 at 02:47:13 PT:
Rescue
A message to US victims of pro-hib.... from Canada!!!Sit tight kids. The calvalry is on the way! We're coming to rescue all of you.
[ Post Comment ]


Comment #10 posted by FoM on January 09, 2003 at 17:40:24 PT
hempcanadian 
This is great news and if my math is right they only have until June! That's right around the corner! I'm proud of you and the others that have fought so hard for change. Thank You!
[ Post Comment ]


Comment #9 posted by hempcanadian on January 09, 2003 at 17:07:32 PT:
WOW WE WON!
Great news eh folks!?
We kicked their butts!
The Law is struck down after 6 months
if the feds dont get real!
The pressure is piling up on the Canadian government now!
The suspense is damn near killing me!
Victory smell so sweet!!!
Of course it could be the ultra skunk I'm smokin??
HA
Bravo to all who fought this court battle
Freedom is alive and well in Canada!
regards
herbman
The Hemp Canadian
[ Post Comment ]


Comment #8 posted by The GCW on January 09, 2003 at 16:02:57 PT
It's interesting :)-
The U.S. Fed. Gov. considers it undesirable to have cannabis of pure quality... 30% THC bud is bad... 3% bud is better...BUT:"Federal Health Minister Anne McLellan had refused to allow the marijuana to be distributed because she says it simply isn't pure enough." Go Anne! (I like Anne)(Anne doesn't know it yet, but is destined to become one of the (right) bud babes.)
[ Post Comment ]


Comment #7 posted by p4me on January 09, 2003 at 15:56:26 PT
Thanks for checking in, Paul
Paul, the one thing your story does is show the corruption of government. The cannabis laws must surely change, but people must also come to see just how corrupt those that control things really are.It is good to know you are still about and still fighting the insanity. Doc_Zombie monitors the news postings at MJ.com and he has ADD or something like it. You may want to read this thread- http://www.marijuana.com/article.php?sid=5382&mode=&order=0You must check in more often and that's an order. Use the library's computers if you must and remember Cnews has a chat room now.
[ Post Comment ]


Comment #6 posted by paulpeterson on January 09, 2003 at 15:28:26 PT
CANADIAN WEED WOULD BE FINE
Wow, the news from Canada just keeps getting better and better. I emailed those guys in the mine about 6 months ago and told them how to use that varietal crop they cooked up. You see, I tried to get the State of Illinois to give regulatory approval to make a green marijuana "pill" a year and a half ago under the best darned MM law in the nation, and for the past 32 years no less. What I got from that was a SUSPENSION from my license to practice law (now they say 30 months, then I have to "convince" these people after that that I am "rehabilitated", something about "addiction" to a non-existent addictive substance). The thing is, all these guys have to do in Canada is take all that crop, grind it up, mix it up, then pelletize it, then the whole crop will be of consistent quality, etc.Then, of course, they can research this stuff with a world-class standardized product, which sounds like they would embrace it better than our own people down here, right?
I just hope they don't take it out and burn it in a field like they do down here!At least Illinois has this world class MM law still on the books, and at least Monday we get a Democratic Governor that has admitted that he smoked a few times, just "can't remember" if he inhaled, and at least the Illinois Legislature is solidly Democratic for the first time in a decade, so I don't expect them to wipe out our law anytime soon ( I laid low for a good year hoping not to upset that apple cart until the Republicans left town, whew!).It gets better though: Illinois has passed a hemp law two years in a row, but our Governor VETO'D TWICE. Now it looks like our farmers might get some relief after all, assuming that our budget deficit gets the proper attention it could, like letting a bunch of "my people" go, from jail and all.So although I have lost all corporal power so far in this battle, things are heating up nicely here.Ethan, you have been a staunch supporter of this cause for some time now, and your commentary is always welcome (especially by those of us that have been quietly watching from the quiet recesses of the darkened room). I've also tried to ignite a fire in Northwest Iowa, and judging from the commentary that the Storm Lake Pilot Tribune is getting, things might hit critical mass there this spring. I am trying to set up a debate at the local college, and they are supportive thus far. My family has 40 acres of rolling countryside there and this might just make a nice place for a MEETING OF THE TRIBES LATER THIS SPRING FOR A CAMPOUT to show support for the DEBATE if things go well.Right now I have a federal lawsuit filed in CHICAGO, ILLINOIS to force the FBI & DOJ to prosecute the local lawyer police for MAIL FRAUDS that I have proven they committed. I have been to the Illinois Supreme Court five times to get some dandy UNCONSTITUTIONAL COURT RULES ABOLISHED, lost each time, of course. I am also asking for the CONTROLLED SUBSTANCE ACT TO BE DECLARED UNCONSTITUTIONAL AS FAR AS LOCAL MEDICAL MARIJUANA patients should be concerned, and boy was it nice to see people on the west coast talking about the same things!I have also asked for a DECLARATORY JUDGEMENT THAT THE "RELIGIOUS FREEDOM RESTORATION ACT" of 1993 gives me the right to start a MARIJUANA CHURCH, so you can imagine the surprise and satisfaction to see those recent bits about pot helping to stop SKIN CANCER, Dr. Leveque's hippo oath bit and the JESUS CHRIST stories start popping up here in the past few days. This means, quite simply, that all of these things mean that the war might finally have begun, to stop this heinous drug war thing for good!Of course, optimism might still be premature, but keep in mind that for all my silence in Chicago for the past 8 months or so, I have been busy as a one person advocacy effort to at least report all of these things to the locals here. I will redouble my efforts to start some local press coverage, since the Tribune and Sun Times have actually started to print stuff about these issues.the ALZHEIMER'S angle I think is the best, what with some 15 million Americans poised to get this condition within the next 30 years or so.My forecast is for major diabetes research findings to come forward next-Second in line would be for Autism to be found to be sensitive to cannabinoid treatment. The skin cancer angle caught me TOTALLY BY SURPRISE THOUGH. Oh well, just checking in with you folks. My old web site, ILLINOIS-MMI.org was wiped out by the regulatory demons, methink, but that just gives me another count to add to the federal lawsuit, once the federal judge dismisses my charge that the FBI MUST INVESTIGATE THESE STATE LAWYER GOONS for mail fraud. Then I plan to go RICO on them. I'll check in with you guys sometime soon, after I get some more stuff set up.PAUL PETERSON
[ Post Comment ]


Comment #5 posted by FoM on January 09, 2003 at 15:11:32 PT
Canadian Press: More Details
http://www.cannabisnews.com/news/thread15154.shtml
[ Post Comment ]


Comment #4 posted by FoM on January 09, 2003 at 14:39:34 PT
TroutMask
I like the way you said all that you did. I hope it is good news. I've said before that the way to win a war is to confuse the enemy. I think they are very confused now! LOL!PS: Good news isn't it Dr. Russo? I'm glad you consulted on this case. It must be a good feeling to know you helped.
[ Post Comment ]


Comment #3 posted by TroutMask on January 09, 2003 at 14:15:23 PT
On Man...
Hahahahaha! Gee, things sure are going right for us in Canada these days. The prohibitionists up there AND down here must really be beating their heads.But if these new rules are unconstitutional, they were always unconstitutional and therefore illegal. Therefore the government did not in any way meet the requirement to enact new legislation to prevent marijuana laws from disappearing.The recent case where a youth was released because his lawyer argued the laws are no longer in effect is now a huge problem for the govt. The government WAS going to argue that the new rules for med mj kept the old law from going away. Now they can't argue that! The medical laws are unconstitutional and therefore were never a replacement or fix to prevent the possession laws from going away.Where does this leave the Canadian government now??? They have no argument! They either met the requirement by providing medical access and kept the laws on the books or they DIDNT meet the requirement and therefore the laws are no longer on the books. This ruling says they DIDNT meet ther requirement!They are so HOSED! We win! But there's always some "technicality" isn't there?-TM
[ Post Comment ]


Comment #2 posted by Ethan Russo MD on January 09, 2003 at 14:12:30 PT:
Lovely
This is the case in which I consulted. I am so pleased that there are legal systems that still work as they were designed. The seven plaintiffs and thousands more like them across Canada are very deserving of the best medicine that nature can provide for their conditions.
[ Post Comment ]


Comment #1 posted by FoM on January 09, 2003 at 14:03:54 PT
I'm Very Happy Now
Go Great Wise North!
[ Post Comment ]


Post Comment