Globe and Mail Update
Published Wednesday, Apr. 13, 2011
An Ontario court has struck down Canada’s laws against possessing and growing cannabis as part of a ruling that found the country’s medicinal marijuana program is failing to provide access to the drug for those who need it.
Smoking up, however, is not legal just yet: the federal government has three months to launch an appeal or change its regulations to fix the problems identified by the court.
Mr. Justice Donald Taliano of the Ontario Superior Court struck down the Marihuana Medical Access Regulations, arguing they aren’t doing enough to ensure patients can obtain the necessary approvals to use the drug. Simultaneously, he ruled two sections of the Controlled Drugs and Substances Act – those that prohibit simple possession and cultivating marijuana – are unconstitutional, since they can be used to criminally charge medicinal users who haven’t been able to obtain such approval.
The ruling means the government must either improve its system for licensing medicinal marijuana patients within 90 days, or it will become legal to use or grow the drug for any purpose. The government can, however, buy itself more time by appealing the ruling.
(More here.)
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