Court Challenge Aims To Legalize All Cannabis Use

Health Canada has faced court challenges over medical marijuana eight times and has lost all of them. In each case the decision came because the court felt regulations were too restrictive for those seeking legal marijuana.Health Canada has faced court challenges over medical marijuana eight times and has lost all of them. In each case the decision came because the court felt regulations were too restrictive for those seeking legal marijuana.Medical marijuana advocates are planning a court challenge aimed at legalizing all cannabis use, in response to the latest restrictions announced by Health Canada.

The federal government announced last week that it would allow designated producers to grow marijuana for as many as two medical users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of Canada judge in January, 2008, because they did not provide for a sufficient legal supply of cannabis for medical users without having to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost in court trying to uphold its medical marijuana policies and regulations, each time over restrictions on supply.

The federal government’s decision to allow producers to grow for no more than two users is a “mockery” of the courts, said lawyer Ron Marzel, who was part of the successful Federal Court challenge to the previous regulations.

The most recent restrictions for medical producers that were struck down were virtually identical to ones that were found to be previously unconstitutional by the Ontario Court of Appeal. The rules “create an alliance between the government and the black market,” to supply “the necessary product” wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start another round of appeals in court, observed Mr. Marzel.

“It is time for the vicious cycle to end. It means we have to take it to the next level, to show the government it cannot thumb its nose at our courts,” said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this summer on behalf of a number of people in Ontario facing marijuana trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no prohibition on possessing or producing marijuana, for medical or recreational use.

“This is the only way. The courts have repeatedly given the government time to come up with a workable solution. They didn’t do it. Health Canada has brought this upon itself,” suggested Mr. Marzel.

For several months in Ontario in 2003 there was no valid prohibition against simple possession of marijuana, as a result of a Superior Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to strike down all prohibitions, unless Health Canada enacts regulations that allow for a legitimate supply for medical users.

– Article from The National Post.

Comments

3 Comments

  1. renney b. on

    it would be great if lawyer ron marzel challenges health canada and the government of canada in court this summer on behalf of the number of people opposing the medical marijuana regulation and its many ristrictions that prevent safer access to cannabis medicine… also the number of people facing marijuana trafficing charges so that, once and for all marijuana prohibition will be defeated and written into law in canada… i love this line ‘ if he is successful, it would effectively mean that there is no prohibition on possessing or producing marijuana, for medical or recreational uses. ‘ this would be the day that i have being waiting for all my life because, it would finally, offically, righteously be the end of a bad law that criminalize one of the best herb on the face of the earth… in the minds of so many right now this is so long over due but, the forces of injustice, discrimination and inhumanity persists in fanning the old flames of persecution on sick and dying nonviolent people… the summer of 2009 would have mark a milestone in the cannabis / hemp culture that send shockwaves throughout the rest of the persecuted world… america, mexico, jamaica, trinidad, brazil down to argentina and around the world where cannabis and cannabis uses are also illegal… the history of this prescious plant has been a facinating one and written in the books of moses this ancient herb bearing seed male and female flowering tops is for the healing of the nations… the rediscovery and uses of this great plant will revolutionize our country canada and the world with new medicine, food, fiber, fuel and sacrament for the many world religions that share its heritage… thanks in advance for the freedom thatwill come , i belive the generations to come will also thank us for our righteousness… peace and love, from; renney b.

  2. Anonymous on

    Mad info on the Canadian site, plus all necessary paperwork.

  3. Anonymous on

    How would one go about becoming a designated producer for medicinal patients?