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| Canadian Court Says Prescription Holders Can Grow Marijuana at Home | |
| (about 13 hours later) | |
| OTTAWA — Prime Minister Justin Trudeau has not yet fulfilled his promise to legalize marijuana in Canada, but the country’s Federal Court ruled Wednesday that prescription holders could grow their own supply. | OTTAWA — Prime Minister Justin Trudeau has not yet fulfilled his promise to legalize marijuana in Canada, but the country’s Federal Court ruled Wednesday that prescription holders could grow their own supply. |
| The decision is the latest in a series of court rulings on the issue, including decisions by the Supreme Court of Canada, that found that denying medical access to marijuana violated the Canadian Charter of Rights and Freedoms. | The decision is the latest in a series of court rulings on the issue, including decisions by the Supreme Court of Canada, that found that denying medical access to marijuana violated the Canadian Charter of Rights and Freedoms. |
| The ruling adds to confusion about the legal status of marijuana, partly created by the lack of detail surrounding the Liberal government’s plan. Twenty-nine companies, many well funded, were licensed by the previous Conservative government to grow and sell medical marijuana, but they may now face financial pressure. | The ruling adds to confusion about the legal status of marijuana, partly created by the lack of detail surrounding the Liberal government’s plan. Twenty-nine companies, many well funded, were licensed by the previous Conservative government to grow and sell medical marijuana, but they may now face financial pressure. |
| “The evidence at trial failed to show that public safety will be advanced in any significant way by the removal of the ability to lawfully and safely continue to personally produce medical cannabis,” Judge Michael L. Phelan wrote in the decision. | “The evidence at trial failed to show that public safety will be advanced in any significant way by the removal of the ability to lawfully and safely continue to personally produce medical cannabis,” Judge Michael L. Phelan wrote in the decision. |
| Judge Phelan suspended his order for six months to allow the government time to come up with a new system and regulations to allow and control home growing. | Judge Phelan suspended his order for six months to allow the government time to come up with a new system and regulations to allow and control home growing. |
| He said that the current law restricted patients’ liberty by leaving them under the threat of criminal prosecution and that it was overly broad and not supported by compelling evidence. | He said that the current law restricted patients’ liberty by leaving them under the threat of criminal prosecution and that it was overly broad and not supported by compelling evidence. |
| The decision, which was based on a legal challenge brought by four medical marijuana users, is likely to return Canada to a variation of its previous system. Also the result of a court ruling, that system gave patients licenses to grow medical marijuana or have someone else do it for them. The federal government also sold subsidized marijuana itself. | The decision, which was based on a legal challenge brought by four medical marijuana users, is likely to return Canada to a variation of its previous system. Also the result of a court ruling, that system gave patients licenses to grow medical marijuana or have someone else do it for them. The federal government also sold subsidized marijuana itself. |
| But the previous Conservative government became alarmed by the rapid growth in the number of people growing marijuana as well as the cost and its ability to inspect the operations. In 2013, it scrapped the home-growing licenses and required prescription holders to buy from tightly regulated commercial producers. | But the previous Conservative government became alarmed by the rapid growth in the number of people growing marijuana as well as the cost and its ability to inspect the operations. In 2013, it scrapped the home-growing licenses and required prescription holders to buy from tightly regulated commercial producers. |
| Many patients, including those who brought the Federal Court case, complained that the new system denied them access to strains of marijuana that they believe are particularly effective for their conditions. They also were concerned about the cost of marijuana from the new companies. | Many patients, including those who brought the Federal Court case, complained that the new system denied them access to strains of marijuana that they believe are particularly effective for their conditions. They also were concerned about the cost of marijuana from the new companies. |