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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
The implosion of Canada's medical marijuana regulations
    #14549160 - 06/02/11 02:14 AM (12 years, 8 months ago)

The implosion of Canada's medical marijuana regulations
June 1, 2011 - castlegarsource.com

On April 4, 2011 in the Ontario Superior Court of Justice, Justice D. J. Taliano in the case of Regina versus Mernagh handed down a decision supporting on individual’s rights to access medical marijuana.

Although the medical use of marijuana has been legal in Canada since 2001, the Marihuana Medical Access Regulations (MMAR) program has exposed ill citizens to criminal charges.

Mernagh, a legally licensed medical marijuana user, successfully demonstrated in court that his rights to “life, liberty and security of person,” (Canadian Charter of Rights and Freedoms, section 7), were infringed upon when his ability to access legal medical marijuana was restricted.

Justice D. J. Taliano agreed with Mernagh, found both the MMAR and the Controlled Drugs and Substances Act (CDSA) unconstitutional, and gave the federal government three months to correct the regulations.

The federal government appealed the decision and the three-month countdown was put on hold.

Because of the government’s failure to create a reasonable process to access marijuana for medical purposes, Ontarians are one court-decision away from outright legalized marijuana.

If the federal government loses the appeal, and, assuming the three months have expired, Ontario (where the decision would be binding) will have no law against anyone possessing or producing marijuana.

Through subsequent court challenges, this could arguably be extended across Canada using the Mernagh decision as case law.

Health Canada’s MMAR program was doomed from its very creation. The government of the day neither listened to objections by some Canadian doctors and their professional associations nor consulted other medical associations about whether medical doctors should be the gatekeepers of medical marijuana.

Canadian medical associations collectively cautioned their member-doctors against signing the Health Canada application forms enabling legal access ill Canadians. Their logic was that they were prescribing an “untested medicine.”

Marijuana is probably the most studied plant on earth. Scientific literature contains 20,000 plus studies on the medical use marijuana and its active ingredients. In all of human history, this substance has not caused one fatality.

In the United States alone, 40,000 deaths are attributed to the prescription drug Vioxx. Our medical practitioners and their related associations would rather recommend a known lethal drug over one that is benign.

Since our conventional medical profession is reluctant to be associated with marijuana for medical purposes, Justice Taliano recommended that unconventional health care practitioners such as “naturopaths or herbalists, who by the very nature of their training have a more extensive knowledge of alternative forms of medicine” should be able to sign the Health Canada application forms.

In 2010, Justice Taliano found that only 0.012 per cent of all Canadian doctors were signing Health Canada forms. Most doctors, reluctant to sign the form, will make their patient exhaust all conventional pharmaceuticals before granting access to marijuana.

Justice Taliano wondered, “How is it justified to permit the use of medicinal marihuana only as a drug of last resort, given its reputation as a fairly benign drug…”

For more than 10 years, Canadian courts have repeatedly stated that the federal government must enable unobstructed legal access to marijuana for sick Canadians who with the support of a health care practitioner choose to use it.

Since the MMAR is now officially unconstitutional for giving the “illusion” of access to medical marijuana, the Ontario Court of Appeal now holds the hopes of ill Canadians across the country as it addresses the issue of access.

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Offlineheadiesmokeonly420
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Registered: 02/11/11
Posts: 62
Last seen: 9 years, 6 months
Re: The implosion of Canada's medical marijuana regulations [Re: veggie]
    #14550177 - 06/02/11 09:59 AM (12 years, 8 months ago)

o man I hope they legalize it.  Canadians are having better luck winning the war on drugs than Americans.  They better do it man!! If the government wins its all because of bullshit money and propaganda that has been fed to people of the world about marijuana.
Quote:

In the United States alone, 40,000 deaths are attributed to the prescription drug Vioxx. Our medical practitioners and their related associations would rather recommend a known lethal drug over one that is benign.


  Yea because they are legal dealers who lose money if people realize that their prescriptions are killing them and that Marijuana never wil come close to killing them.


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ON THAT NOTE... SMOKE WEED EVERYDAY:rasta:

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InvisiblePassiveAgressive
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Registered: 10/16/09
Posts: 924
Loc: Tueri honorare saltus
Re: The implosion of Canada's medical marijuana regulations [Re: headiesmokeonly420]
    #14551246 - 06/02/11 02:59 PM (12 years, 8 months ago)

I had to chime in on this one. GO CANADA!! Show the US of A how to get stuff done in the name of the people! We obviously have no clue whatsoever. :facepalm:


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Offlineshroomer17
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Registered: 08/31/05
Posts: 516
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Last seen: 5 years, 3 months
Re: The implosion of Canada's medical marijuana regulations [Re: headiesmokeonly420]
    #14551861 - 06/02/11 05:14 PM (12 years, 8 months ago)

Quote:

The federal government appealed the decision and the three-month countdown was put on hold.




This isn't true actually.  The clock is still ticking.  Lawyers representing Ontario will almost certainly file an injunction against the ruling, which would stop the clock, but they haven't done so yet.  Fortunately there are some fairly compelling arguments against stopping the clock- mainly that legitimately ill Canadians' health and safety are put at risk by the threat of raids, prosecution and imprisonment under the current scheme.  So to delay the implementation of the ruling any longer would continue to put Canadians' health, safety and freedoms at risk. 

Quote:

headiesmokeonly420 said:
Canadians are having better luck winning the war on drugs than Americans.




Oh man... I wish this was true.  This is actually extremely far from the truth.  We just elected our far-right Conservative prime minister Stephen Harper to a majority government (despite the fact he only got 40% of the popular vote- our system is fucked).  He and his party now control the majority of our parliament, the majority of our senate, and he will soon appoint several supreme court judges who will predictably align with his extreme right-wing views.  With the extreme control he exercises over his members of parliament/senators he can now pass ANY laws that he wants in this country without a truly democratic debate (essentially).  For the past several years he had been held in check by our opposition parties and the constant threat of a snap election, but now that he has a majority, the Conservative party can shape the country any way they like.  The supreme court appointments will ensure that his right-wing views will be imposed on our country for 20 years or more.

Before the election he had been pushign hard to implement American-style mandatory minimum sentences for all kinds of drug crimes, including 6-18months in jail for making hash or growing as few as 6 pot plants.  He now has the power to implement that legislation at any time, and he promised during the election that he would do so within 100 days of winning (despite overwhelming evidence mandatory minimums DO NOT WORK).  His proposed tough on crime bills also include legislation allowing police to monitor your internet activity in real time without needing a warrant (a simple Shroomery post about liking magic mushrooms could theoretically be enough to have your connection tapped by the police, and give them access to all the information that your ISP has about you- name, address, phone #, etc). 

So, yeah, fuck Harper... He's the worst thing that could have happened to our country in years.

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