"Government will not appeal the Allard medical pot ruling" Philpott

[Scotian902]

"Federal Health Minister Jane Philpott says the government has decided not to appeal the Allard v. Canada decision – a February federal court ruling that allows for patients to grow their own medical marijuana.

“We will not be appealing the court’s decision,” Philpott announced to reporters Thursday.

“We will respect the decision of the federal court and as such we are now in a situation where we have responsibility to address the Marihuana for Medical Purposes Regulations and they will be amended accordingly in order to address the concerns of the court.”

Today was the deadline to file an appeal.

Philpott didn’t go into specifics and said it’s too early to say what kind of regulations will be put in place, but said the overall goals will be to deal with affordability and access of medical marijuana.

“Until such time as the amendments are put in place, the [MMPR] will remain in effect,” she added. “If people have an injunction that allows them to grow for medical purposes, those with an injunction will continue to be able to use that. Otherwise the licensed producers are the only organizations allowed to produce medical marijuana under these regulations.”

The court had struck down the previous Conservative government’s regulations restricting access to medical marijuana, and gave the new Liberal government until August 24th to create new rules so that patients can grow their own at home. This will occur separately from the government’s commitment to legalizing marijuana.

The Federal Court had ruled in B.C. that the plaintiffs had their section 7 Charter rights infringed upon by the Marihuana for Medical Purposes Regulations (MMPR) regulatory regime."

http://ipolitics.ca/2016/03/24/government-will-not-appeal-the-allard-medical-pot-ruling-philpott/

 

[VIANARCHRIS]

The end of the war against mmj patients. Sunny ways! .......Sorry Dizzy, couldn't resist!

 

[JungleStrikeGuy]

Happy to eat my words here, we now have a right to grow codified.

It sounds like Conroy et al will have to go to Phelan to get a remedy though, Philpott's words seem to indicate they won't do anything to accomodate left-outs / people who have moved. Unfortunate, but I'll take it compared to them appealing.

 

[VIANARCHRIS]

This also signals that the Liberals plan to allow home grows as part of legalization.
It's unfortunate that the left outs still have to wait. I wonder if Conroy's court date is going to get results any quicker than the 5 months remaining for HC to fix it?

 

[GroErr]

Great news, only thing I was concerned about was that they might appeal for a longer period to put a new or modified system in place for medical home grows. Get those growboxes built or ordered

 

[JungleStrikeGuy]

This also signals that the Liberals plan to allow home grows as part of legalization.
It's unfortunate that the left outs still have to wait. I wonder if Conroy's court date is going to get results any quicker than the 5 months remaining for HC to fix it?

The original injunction motion got a decision in a week, so I would expect a variance to be done somewhat quickly.

I would predict there's at least a small chance of constitutional exemptions, given govt has basically shut the door to address changes from what I can tell it would seem to be the only reasonable remedy. Courts are reluctant to do that though so we'll see.

From what I can tell in the case link from the other thread, Conroy's already filed documents so we should hear something soon.

 

[GroErr]

This also signals that the Liberals plan to allow home grows as part of legalization.
It's unfortunate that the left outs still have to wait. I wonder if Conroy's court date is going to get results any quicker than the 5 months remaining for HC to fix it?

Although HC is responsible for execution, let's hope they get some help/influence/guidelines from the libs and new management in there to change their Harper views on home grows and MJ in general. It'd be great to have legal med grows without ridiculous hurdles in obtaining licenses, inspections or the like.

 

[VIANARCHRIS]

Although HC is responsible for execution, let's hope they get some help/influence/guidelines from the libs and new management in there to change their Harper views on home grows and MJ in general. It's be great to have legal med grows without ridiculous hurdles in obtaining licenses, inspections or the like.

I think any new system would still require licenses etc., more to justify union jobs at HC than anything else. When rec home grows are permitted, there won't be a database on those addresses........mmj patients may just require an exemption for the number of plants? It'll be interesting to watch it all play out...

 

[CalyxCrusher]

Happy to eat my words here, we now have a right to grow codified.

It sounds like Conroy et al will have to go to Phelan to get a remedy though, Philpott's words seem to indicate they won't do anything to accomodate left-outs / people who have moved. Unfortunate, but I'll take it compared to them appealing.

Not ideal I agree, but Ill take being able to grow come the end of August than to have not won the right at all

 

[GroErr]

I think any new system would still require licenses etc., more to justify union jobs at HC than anything else. When rec home grows are permitted, there won't be a database on those addresses........mmj patients may just require an exemption for the number of plants? It'll be interesting to watch it all play out...

Oh I'm sure there will be. I guess what I was getting at is with the attitude they had (have?) towards MJ, they could fulfil the requirements but make it so difficult/onerous that it would turn some people off or cause unnecessary stress just getting through the process of being legal.

 

[bcbreeder]

Ok green light for current mmpr holders since the likelyhood of obtaining a conviction against a currently approved mmpr holder is zero,
So my six grams a day = 30 plants indoors, out comes the deep congo seeds...

 

[SirLoweed]

Great news, only thing I was concerned about was that they might appeal for a longer period to put a new or modified system in place for medical home grows. Get those growboxes built or ordered

Our team is hard at work creating said growbox! Oh happy days....

 

[JungleStrikeGuy]

So this is interesting/concerning:

http://www.cbc.ca/news/politics/medical-marijuana-grow-allard-philpott-no-appeal-1.3506015

'"The minister would not say if the revised rules would continue to allow people to grow their own after that time."'

"The Federal Court's concern was that under the current legislation... medical marijuana was not appropriately affordable and accessible to Canadians. And those are the parts of the regulations we are required to address," Philpott said.

Sounds like they're leaving the door wide open to still not permit home growing. Now, this does refer to those covered by the injunction, so maybe it's just a bad choice of phrasing by Philpott. But it sounds like they think they can get away with capping price / subsidizing and still banning home grows.

That won't survive a challenge, but it's very disappointing Philpott / LPC are being as vague as possible here.

 

[GroErr]

Our team is hard at work creating said growbox! Oh happy days....

I'm buying some home depot stock

FYI, I used this stuff to line the inside walls of my first grow cab and in my larger flower room (aka ex-cold room) I built a couple of years ago. It's held up well, has great reflective properties, some insulation if needed, cheap, and super easy to work with.

One side is your typical Styrofoam insulation, the other is a mylar-like reflective surface, comes in 3/4", 1", and 1 1/2" thickness, the 3/4's like $12 for a 4x8' sheet:
https://www.homedepot.ca/en/home/search.products.html#!q=DuroFoam

 

[Medipuffs]

wonderful news before the holiday weekend

 

[cannadan]

Lets hope the home grow will still be a reality...
they are kinda eluding to a set of rules that may or may not
include the home grow.
kinda leaves me with an uneasy feeling.
But we will take the small baby step.forward ..which is no appeal....that's a good sign

 

[doingdishes]

please remember that even though they're not appealing-they still have yet to let us know what the new regime will be. they also can apply for extensions for more time. this could take a long time if they want it to.
i believe that they are not done screwing us yet. if you look at the DG situation from Sfekopolous - that case showed that 1 grow per DG was unconstitutional so they made it 2...the bare minimum. i am curious haw they will play this out. we WILL have more court dates
Terry Parker's case made it so we were allowed to use for medical but they didn't make any provisions on how you could get it. patients had to take them to court again to be able to get a legal supply.

 

[OLD MOTHER SATIVA]

"'"The minister would not say if the revised rules would continue to allow people to grow their own after that time."'"

hold yer horses Vianna...Dizz ain't obsolete yet..not by a long shot

they didn't appeal because they would lose[again]..this still sucks for the leftouts

 

[GroErr]

they are kinda eluding to a set of rules that may or may not
include the home grow.
kinda leaves me with an uneasy feeling.

They can't do that, let's not get paranoid over nothing. All I read into their non-committal in that article is exactly that, they can't responsibly comment on something they probably haven't fully figured out yet, cause speculation, potential forward-looking comments etc. Phelan's ruling was clear, home grows for med patients will happen, and were ordered to be in place within 6 months. Everything else is media noise, speculation, and paranoia.

 

[Medipuffs]

those conservative fucks are crying all over the cbc message boards

it looks good on them!

@dishes: well fight that fight when the time comes this summer, enjoy the ruling and have a wonderful easter with the missus buddy