Want to help

GroErr

Well-Known Member
Thank you for this GroErr. I really appreciate it. It's so valuable to hear this from your perspective. What would be the most important first step for you in all of this?
Thanks for the reply, imo the most urgent matter right now is coming up with a strong enough argument/data to fight the appeal in the works and get this MMPR program reversed. At least the old program had some allowances/options for growing your own. If we had something to tide over those that have registered for any of the programs it would be helpful imo. Those who were able to grow their own, or have someone grow for them are probably the most anxious. The last thing they (sick people) need is anxiety and stress while they wait for some clarity and consistency in their supply of meds. Timing wise, if the MMPR program/appeal can be won, next would be getting the subject on the election agenda. The Liberals seem to be serious about making this an election issue, a start. Not holding my breath for any of this to go away anytime soon though, that's why I've stayed under the radar and will continue to do so until we have some (reasonable/workable/solid) laws in place. I'm expecting this fight to outlive me but will do whatever I can while I'm still kicking. I didn't know why I initially signed up in this community, I've since realized that if I've helped even one person grow their own, or helped educate them on the many benefits of this great plant, then I've left a little piece of me behind for future generations to benefit from.
 

bigmanc

Well-Known Member
Alright you seem knowledable;

My license expired march 1st 2014, about 3 weeks before the injunction. So i did not fall under the injunction and in HC eyes i am not covered. Reading through the judges orders it clearly states a time of September 30th 2013, witch i was valid for both ATP/PUPL. I actually just popped about 60 seeds to start growing. I am a medical patient with full support of my family physician for the last 3 years.

I have talked to many people and hydro shops; 1 guy actually had police in his home with a expiry earlier then mine and there was no issues.

My concern; im in a rental and i have permission from my land lord, her son is a cop and they spoke about it and she gave me the "i cant stop you, its something landlords are going to need to adapt to but thank you for keeping me in the loop" but the company/property management company doesnt know and they perform the inspections.

Im worried some super cop might come, rip my plants out, a big show for all the neighbors and be out on my ass and better yet the crown try and get me for manadatory minimum of 9 months due to being over 6 plants and in a rental and in theory by HC interpretation expired license witch isnt covered by the injunction.

I still have support from my doctor but i didnt feel the need to renew for the last month as i would just of had to chop everything down and mix my meds with kitty litter.

As it stands now, i have some storage (roughly 10-20% of ATP/PUPL amounts), some concentrates (illegal in ontario) but still personal amounts. I may hire a lawyer for an hour of Q&A but if you can give me a answer im satisfied with, you might just save me 3-500$ :)

Please advise, what am i looking at worst case scenario.
 

WHATFG

Well-Known Member
I don't understand why you're not covered. If you had an ATP as,of Sept 30 you were covered by the injunction, that's how I understood it.

  1. The Applicants who held, as of September 30, 2013, or were issued thereafter a valid Personal-use Production Licence pursuant to section 24 of the Marihuana Medical Access Regulations, or a Designated-person Production Licence pursuant to section 34 of the Marihuana Medical Access Regulations, are exempt from the repeal of the Marihuana Medical Access Regulations and any other operation of the Marihuana for Medical Purposes Regulations which is inconsistent with the operation of the Marihuana Medical Access Regulations, to the extent that the Designated-person Production Licence or Personal-use Production Licence held by the Applicant shall remain valid until such time as a decision in this case is rendered at trial and subject to the terms of paragraph 4 of this Order;
 

bigmanc

Well-Known Member
I don't understand why you're not covered. If you had an ATP as,of Sept 30 you were covered by the injunction, that's how I understood it.

  1. The Applicants who held, as of September 30, 2013, or were issued thereafter a valid Personal-use Production Licence pursuant to section 24 of the Marihuana Medical Access Regulations, or a Designated-person Production Licence pursuant to section 34 of the Marihuana Medical Access Regulations, are exempt from the repeal of the Marihuana Medical Access Regulations and any other operation of the Marihuana for Medical Purposes Regulations which is inconsistent with the operation of the Marihuana Medical Access Regulations, to the extent that the Designated-person Production Licence or Personal-use Production Licence held by the Applicant shall remain valid until such time as a decision in this case is rendered at trial and subject to the terms of paragraph 4 of this Order;
Yet HC has this interpretation of it


As a result of ongoing litigation and uncertainty arising from court decisions, Health Canada will treat the following Authorizations to Possess, Personal-Use Production Licences, and Designated-Person Production Licences as extending beyond March 31, 2014 until a decision in Allard is rendered. As per the Federal Court interim injunction, the following criteria must be met:

  • Individuals must have held a valid Authorizations to Possess under the MMAR on March 21, 2014.
  • Individuals must have held a valid Personal-Use Production Licence or Designated-Person Production Licence under the MMAR on, or after, September 30, 2013, where there is also an associated valid ATP as of March 21, 2014.
Individuals with a medical need who do not fall within the scope of this court order and who have the support of a licensed healthcare practitioner may register with a licensed producer under the MMPR. See below for information on how to access marijuana for medical purposes from a licensed producer.

So if a police officer comes and pages the HC hotline for info on a patient, im kinda screwed.

I feel as i should listen to the judge as you said WHATFG. Worst case stick it to em come court time but i dont want to walk down that dark road.
 

WHATFG

Well-Known Member
HC is in no position to be interpreting that COURT ORDER! I'm sorry judge but it says that if I held an ATP as of sept 30, 2013, I was was exempt from the mmpr, did I not understand that correctly? I'm sorry. Fuck HC....bunch of bozos that don't know their ass from a whole in the ground. I don't think there is a judge in this country that is going to go after a legitimate ( and I do mean legit) patient. Even if ( and I think it's a big if) you were busted, the fact that you held an ATP up until the almost the date of the injunction, i think you would be covered. Perhaps our new learned friend can shed more light.
 
Alright you seem knowledable;

My license expired march 1st 2014, about 3 weeks before the injunction. So i did not fall under the injunction and in HC eyes i am not covered. Reading through the judges orders it clearly states a time of September 30th 2013, witch i was valid for both ATP/PUPL. I actually just popped about 60 seeds to start growing. I am a medical patient with full support of my family physician for the last 3 years.

I have talked to many people and hydro shops; 1 guy actually had police in his home with a expiry earlier then mine and there was no issues.

My concern; im in a rental and i have permission from my land lord, her son is a cop and they spoke about it and she gave me the "i cant stop you, its something landlords are going to need to adapt to but thank you for keeping me in the loop" but the company/property management company doesnt know and they perform the inspections.

Im worried some super cop might come, rip my plants out, a big show for all the neighbors and be out on my ass and better yet the crown try and get me for manadatory minimum of 9 months due to being over 6 plants and in a rental and in theory by HC interpretation expired license witch isnt covered by the injunction.

I still have support from my doctor but i didnt feel the need to renew for the last month as i would just of had to chop everything down and mix my meds with kitty litter.

As it stands now, i have some storage (roughly 10-20% of ATP/PUPL amounts), some concentrates (illegal in ontario) but still personal amounts. I may hire a lawyer for an hour of Q&A but if you can give me a answer im satisfied with, you might just save me 3-500$ :)

Please advise, what am i looking at worst case scenario.
Hey BigManc, can you clarify for me what kind of licence you held which you say expired on March 1st? Was it the PUPL?
 

bcbreeder

Well-Known Member
Hey pretty face I got an mmpr prescription June 29 th still waiting to be registered with my lo of choice,
To what degree of protection is there for someone who has an mmpr prescription,
Is one considered medically approved irregardless of whether the posses LP weed or not?
 

OLD MOTHER SATIVA

Well-Known Member
quote:
HC is in no position to be interpreting that COURT ORDER! I'm sorry judge but it says that if I held an ATP as of sept 30, 2013, I was was exempt from the mmpr, did I not understand that correctly? I'm sorry. Fuck HC....bunch of bozos that don't know their ass from a whole in the ground. I don't think there is a judge in this country that is going to go after a legitimate ( and I do mean legit) patient. Even if ( and I think it's a big if) you were busted, the fact that you held an ATP up until the almost the date of the injunction, i think you would be covered. Perhaps our new learned friend can shed more light.


>>>thats the way i read it….


the court said sept 30 2013…

then later on HC said march 21 2014… "huh?"
 
Yet HC has this interpretation of it


As a result of ongoing litigation and uncertainty arising from court decisions, Health Canada will treat the following Authorizations to Possess, Personal-Use Production Licences, and Designated-Person Production Licences as extending beyond March 31, 2014 until a decision in Allard is rendered. As per the Federal Court interim injunction, the following criteria must be met:

  • Individuals must have held a valid Authorizations to Possess under the MMAR on March 21, 2014.
  • Individuals must have held a valid Personal-Use Production Licence or Designated-Person Production Licence under the MMAR on, or after, September 30, 2013, where there is also an associated valid ATP as of March 21, 2014.
Individuals with a medical need who do not fall within the scope of this court order and who have the support of a licensed healthcare practitioner may register with a licensed producer under the MMPR. See below for information on how to access marijuana for medical purposes from a licensed producer.

So if a police officer comes and pages the HC hotline for info on a patient, im kinda screwed.

I feel as i should listen to the judge as you said WHATFG. Worst case stick it to em come court time but i dont want to walk down that dark road.
Hi Bigmanc, I'm looking into this. Give me a day or so to get back to you. I agree it's not worded very clearly on the HC site (what else is new). Will keep you posted.
 
quote:
HC is in no position to be interpreting that COURT ORDER! I'm sorry judge but it says that if I held an ATP as of sept 30, 2013, I was was exempt from the mmpr, did I not understand that correctly? I'm sorry. Fuck HC....bunch of bozos that don't know their ass from a whole in the ground. I don't think there is a judge in this country that is going to go after a legitimate ( and I do mean legit) patient. Even if ( and I think it's a big if) you were busted, the fact that you held an ATP up until the almost the date of the injunction, i think you would be covered. Perhaps our new learned friend can shed more light.


>>>thats the way i read it….


the court said sept 30 2013…

then later on HC said march 21 2014… "huh?"
Agreed, Old Mother. I'll keep you posted on what I find out. Certainly HC does not have a mandate to interpret court orders, but their statement seems to be more about their position on MMAR licencees generally - which is beyond the scope of the court order. So perhaps that's why they're laying down all these new rules. Will keep you posted on what I find here.
 
Hey pretty face I got an mmpr prescription June 29 th still waiting to be registered with my lo of choice,
To what degree of protection is there for someone who has an mmpr prescription,
Is one considered medically approved irregardless of whether the posses LP weed or not?
Hey BC, thanks for this. If I understand you correctly, you're asking whether you'd be protected if you were caught with weed now, with your authorization but without the registration process being completed. If that's correct, then officially, it's my understanding that you'd have a hard time explaining where you got your weed from if you haven't completed your registration yet (I believe the cops are supposed to call the LP and double check that you're a registered customer). Unofficially, anyone would have a difficult time convicting you - especially if you are in fact located in BC, where the attitude towards this is progressive. At any rate, if you were caught and possibly charged, it's likely that a Crown would not seek to continue with those charges. So it would come down to your appetite for potentially catching some heat from the cops initially. I would, however, continue to get that registration going, so that you don't have to worry about these issues.

If I've misunderstood your question, though, please correct me and I'm happy to help if I can.
 

bigmanc

Well-Known Member
Hi Bigmanc, I'm looking into this. Give me a day or so to get back to you. I agree it's not worded very clearly on the HC site (what else is new). Will keep you posted.
Keep in mind that the court papers said sept 30th 2013 but HC's "interpretation" is of the date of the judgement.
 

Yessica...

Well-Known Member
Hey guys, I'm a lawyer who works in this space on the finance side. Have been involved with the MMAR and MMPR communities for a few years (even though a lot of you still know far more about the regs and their practical application than I do), and want to be helpful somehow in the fray here.

I have access to some great legal resources - both on the regs and the finance angles - so if there's anything I can do to help, please let me know. This isn't an advertisement - I don't want your money - I just want to know what issues are important to you guys, and maybe help if I can. PM me if it's a sensitive question.
I'm not sure how long it takes to be able to Private Message, but I think your membership needs to either:
1. Go from "Member" to "Active Member", which is based on the number of posts.
2. You need to be on here for at least 48 hours.

After that - all PM all the time.

Good luck - I enjoy your posts!
 
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