Medical pot patients can grow their own weed, says court; over to you, feds
VANCOUVER - VANCOUVER - Grow it if you need it, says the Federal Court.
A judge ruled Wednesday that medical marijuana patients have the right to grow their own stash.
Judge Michael Phelan called current legislation introduced by the former Conservative government that barred medical marijuana patients from growing their own cannabis "arbitrary and overbroad."
The federal Liberal government now has six months to create a new medical marijuana regime.
People who held licences can continue to grow their own marijuana in the meantime.
About 28,000 people held licences under the old regime and are covered by that injunction.
The constitutional challenge was launched by four British Columbia residents who argued that the 2013 Marijuana for Medical Purposes Regulations blocked their access to affordable medicine.
"Their lives have been adversely impacted by the imposition of the relatively new regime to control the use of marijuana for medical purposes," Phelan wrote.
"I agree that the plaintiffs have ... demonstrated that cannabis can be produced safely and securely with limited risk to public safety and consistently with the promotion of public health."
Kirk Tousaw, a lawyer for the plaintiffs, hailed the decision as a victory not just for medical pot patients, but all Canadians.
"The health minister, prime minister, they need to act very quickly. Don't wait the six months. Don't come up with a lame and weak response as the previous governments have."
Health Minister Jane Philpott said it was too early to say if the government would appeal. She said she will be working with the Justice Department to ensure there's an appropriate regulatory regime in place.
The Liberal government has committed to legalizing recreational marijuana, but has said little about any plans for medical marijuana since being elected.
Philpott said recreational and medical cannabis should be treated as "two separate issues."
Canada's system involving licensed producers has grown into a multi-million dollar industry, and the decision caused stock prices to dip. Canopy Growth Corp. share prices on the on the TSX Venture Exchange had dropped about 7% as of Wednesday afternoon.
Mark Zekulin, president of Tweed Marijuana Inc., a subsidiary of Canopy, said it would be "heartbreaking" if the federal government shut down the licensed-producer system entirely. But he doesn't expect that will happen.
"We've built a world-class facility ... and are producing very high quality product that you can't get anywhere else," he said. "I don't think six months from now it's just going to get shuttered and people are going to be out of jobs."
Peace Naturals CEO Mark Gobuty said personal growers and larger licensed producers can co-exist.
"We're all allowed to grow tomatoes and cucumbers at home, but how many of us do?" he asked. "If that is what's in the best interest of all Canadians, then I'm all for it."
But Ronan Levy of Canadian Cannabis Clinics, a network of Ontario medical marijuana clinics, said allowing people to grow their own marijuana might make doctors more wary of prescribing it.
"Can you imagine what it would be like if you went to a doctor, they prescribe antibiotics, and you got to go home and mix up your own antibiotics? I don't think doctors are going to be comfortable with that," he said.
