Canada - Court of Appeals on Medical Marijuana



On Tuesday, Oct. 7, 2003, the Ontario Court of Appeals issued a ruling on several marijuana cases that more clearly defined the laws regarding medical and non-medical use of marijuana. Associated Press writer Tom Cohen wrote:

"An appeals court expanded the ability of patients to obtain medical marijuana but affirmed that possession by non-patients remains a crime."

The article further explained:

"On Tuesday [Oct. 7, 2003], the Ontario Court of Appeals declared unconstitutional those provisions in the federal Marijuana Access Regulations restricting licensed growers of medical marijuana from receiving compensation, from growing the drug for more than one qualified patient and from pooling resources with other licensed producers.

The ruling gives so-called compassion centers more leeway to grow and supply medical marijuana.

Since the government medical marijuana program was now valid, the ruling said, marijuana prohibition laws also were constitutionally valid."
Oct. 7, 2003 Associated Press

On the Oct. 7, 2003 ruling by the Ontario Court of Appeals, the Detroit Free Press wrote:

"The Ontario Court of Appeals ruled Tuesday [Oct. 7, 2003] that businesses and individuals be allowed to grow and supply large amounts of medical marijuana, relieving the Canadian government of its often-criticized attempts to do so itself.

'What is going to change in Canada is that one person or one company can grow for an unlimited number of people...and in terms of supply and cultivation, you can now pay people to grow for you,' said York University Law Professor Alan Young, a legal counsel to the people seeking more relaxed growing rules. The ruling, he said, will make it easier for sick people to get marijuana by broadening access and choice."
Oct. 8, 2003 Detroit Free Press

Regarding the same ruling, Cannabis Culture magazine wrote:

"The court opened season on Ontario residents who possess under 30 grams, who for the last few months have enjoyed relative immunity from the law. On a lighter note, the ruling also opened the way for compassion clubs to receive legal licenses."
Oct. 8, 2003 Cannabis Culture