Ontario’s Top Court Upholds Country’s Marijuana Laws in Medicinal Pot Case

Ontario’s top court has upheld Canada’s marijuana laws.

The Appeal Court ruling today comes in a case involving access to medical marijuana.

The ruling overturns a lower court decision in the case of Matthew Mernagh, who suffers from various health problems.

Unable to find a doctor to prescribe the drug for his pain, Mernagh grew his own and was charged.

The lower court found people cannot get access to medicinal pot through appropriate means, and are therefore forced to resort to illegal actions.

The Appeal Court disagreed, saying the lower court judge made several errors.

– Article from Global News.

READ THE RULING

Watch Matt Mernagh discuss the fallout of the ruling on a special broadcast of Cannabis Culture News LIVE, TODAY at 4PM PT on Pot TV.

Comments

13 Comments

  1. Anonymous on

    Actually studies have been completed in America using vaporizers to see if they made for a cleaner smoke, it meant for much less tar, the other parts of the resin is not the problem but hold the medicinal properties.
    Now had the Canadian government taken those results of those studies and issued the evidence to doctors like they should have then the doctors would be more likely to give good advise and reduce problems of the lungs. On top of this there is a court challenge needed because the MMAR had not allowed for other safer methods of delivery. So your entire point about your so called addiction and tar problems would be rubbish if it was done properly. Maybe its not your fault because you should have been supplied this information from your doctor but they were never advised.

  2. Anonymous on

    actually they can and they are.
    clowns like matt ruin it for the patients that really do.
    He was a grower and user that got caught and he used medical marijuana as a defense.

  3. Anonymous on

    This is blatant propaganda. Take your big-pharma lies somewhere they’re believed, like mainstream media.

  4. Anonymous on

    It it not you, the courts, or any other being that can tell me or any other person what they can ingest. That’s like me telling you you can’t consume anything with sugar because you may potentially become obese and die. Whatever argument you have on the subject is moot. Time to grow up people.

  5. Sparkky McPuff on

    That it is YOUR opinion! But what about the opinion of 3 million Canadians that use it on an annual basis. They have a right to their opinions too! Maybe it shouldn’t be sold in stores! But that doesn’t mean it should be illegal and throw people in jail for it. Legalize it and let people make their own choices on how they want to use it, or not use it. But stop criminalizing everyone who benefits from it. And a lot of people don’t need it every day and most that do only use it as a relaxant/destress after a long day at work. These people work hard and shouldn’t be limited to booze and cigarettes. Which studies show time after time is way worse that even heavy pot use.

    It’s high time you drug warriors just accept that as fact that people are allowed to make their own choices and shouldn’t have to put up with arbitrary rules of a few bureaucrats that need taxpayer money to fund seizures of property of people that hurt no one. No one forces anyone to smoke pot. If someone did, that would be akin to force able confinement which we already have laws against that.

    Pot laws are laws that are selective enforcement. Selective enforcement laws are laws that should be unconstitutional. For example, if the police arrest someone for murder, it’s because they have to, someone was hurt and they are protectors of society. That, I respect. If they arrest someone for cannabis, it’s because they want to. For no other reason than to mess up that persons life.

    It doesn’t help anyone to stop them from using cannabis because there is negligible harm associated with pot use and this has been proven in court and in government funded studies.

    Here’s my opinion that I sent to the comments of the MMPR for consideration:

    It is my understanding that current scientific studies have found that cannabis treats and in some cases helps eliminate cancer symptoms from the human body.

    In your opinion, what makes you feel like anyone has the right to, in any way, restrict access to a substance that the human race has been searching for for centuries, especially one that has been previously banned by governments around the globe for racist ideals and anti competition goals?

    Please explain in exhaustive detail why the government would even consider making this substance prohibitively expensive to most consumers (with the new proposed medical marihuana production regulations), that again current science has concluded that there is no quantitative lethal dose, toxic amount, or is otherwise destructive to the health of the individual that uses this substance.

    Cannabis can be grown in a safe, sanitary environment, kept free from moulds and pathogens, for around $660 per kilogram. With the associated costs regarding record keeping and packaging and security requirements the government has come up with a figure that resembles $10000 per kilogram when delivered to the consumer. This is inline with the prices that the black market is eliciting currently and is, in most cases in canada, even more expensive. This regulating body has come up with an ideal situation that will allow the profits from a few companies that produce cannabis to run wild. This type of activity is abhorrent, unconscionable, and down right destructive to a free and democratic society.

    I understand that the medical industry would lose a portion of their profits if numerous individuals were to choose cannabis treatment over traditional western medical practices. But does that mean that people should suffer and continue to pay ridiculous amounts of hard earned money, go into debt, and squander their savings to a naturally occurring medicine, when they can, just as easily as growing tomatoes, grow their own cannabis in their own garden for relatively nothing, to save they’re own lives?

    The individuals that have come up with the document
    “Vol. 146, No. 50 — December 15, 2012
    Marihuana for Medical Purposes Regulations” in the Canada gazette have completely dropped the ball on determining what should be done about controlling cannabis. Cannabis has not been put on this earth to make certain individuals or agencies richer but to enrich the lives of all of the habitants of the earth. Sounds dumb but its true. The worst part about cannabis currently are the laws surrounding it and no law regarding cannabis can possibly make sense.

    Maybe the easiest way to curb the black market of the production of cannabis would be to eliminate controls of cannabis completely and forever. If anyone can produce it then there would be no money to be made and the moneys that would have been spent on $10000 kilograms of cannabis can stay in the hands of the consumer to be free to enjoy on other consumer products or in RSP’s, bolstering the economy and saving the government billions upon billions upon billions of dollars over the course of a generation.

    The charts in the aforementioned document were very well established and articulated regarding the cost benefits of the new proposed system. However, by deregulating cannabis now and for the future, you will see an increased economy of unfathomable proportions as new technologies, products and services will be made available to the general public.

    As for the safety of the individuals that use cannabis and their actions think about it like this, if you took a barroom full of patrons and gave them free alcohol, they would each consume as much liquor that they could, until they’re bodies shut them down by either vomiting or passing out. If they continue to drink they risk alcohol poisoning and death. Not to mention that they have put additional strain on their organs specifically they’re liver. If you want to see an example just look at any nightclub on the weekends that are filled with 18 and 19 year olds with mom and dads allowances.

    Now take a barroom full of cannabis users that are given free marihuana. They might consume cannabis for an hour or two before they decide to leave the bar, grab some food and enjoy a movie while peacefully drifting off to sleep. A healthy restful sleep unlike the one derived from drinking too much alcohol. All while producing negligible harmful effects to the human body, comparatively speaking.

    It is time for Canada to STOP taxing the sick and dying, stop looking for a way to generate taxes on everything especially a medicine. No added cost above the price of production, packaging, and simple delivery should be passed on to the consumer/patient.

    Please urge your representative to rethink this unworkable strategy that does absolutely nothing to curb black market trafficking of cannabis, and may actually make the violence and societal destruction even worse due to less production sites and hardcore criminal elements taking the industry back from the hundreds of mom and pop medical pot producer (the safest of illicit suppliers). It is time for Canada to make a positive change and rescind the obligations of international treaties that Canada volunteered to abide by regarding cannabis. They are useless for the furtherance of the human race in respect to love and compassion. And by the way, cannabis is NOT a narcotic.

    Let me ask just this one more question. What if you, or your parents, or what if your child was struck with cancer, what if they were in excruciating pain, they couldn’t eat or sleep, and they were wasting away, death on their doorstep, one foot in the grave? What if there was a product that at minimum could ease just some of that pain, and at best, bring them back to life and cure what ails them? What if I told you that theoretically you could acquire this product at little to no cost, that you could produce it yourself and not rely on government agencies that force their rules upon the sick and dying by way of the police forces of this country? What if you could use this substance as a preventative measure to keep cancer and other diseases at bay? Would you not do everything in your power to provide this medicine to them? What if because of ridiculous rules you could not afford it?

    Yes there may be a demand for super hygienic cannabis, but at up to $88 per day or more for some patients, a set of rules that would not help curb violent gangs from leading the cannabis economy is a waste of billions of dollars. Not just taxpayers but the medical users and recreational users as well. If cannabis was not held hostage by the government then you could provide that medicine for $0.66 per gram. Less than 7.5% the cost that the government is proposing.

    Proper education of good growing practices and procedures, electrical set ups by qualified electricians could curb most, if not all, dangers associated with home grows. No need for security requirements if the plant is freed. Packaging and label requirements would be minimal.

    The need to inform local authorities would not need to be done. Record keeping would be for personal use only. Communities would be safer. Police would be able to concentrate their efforts to stop violent offenders from terrorizing the citizens, and move away from terrorizing the sick with swat teams raiding dispensaries and patients homes in a search for clandestine operations.

    It’s time for Canada to take a lead role on this planet and allow its citizens to freely grow and consume an organic alternative to chemicals that is being forced down out throats because there is NO alternative to pharmaceuticals available with any substantial effect in curing or treating pain without life altering side effects. Take morphine for instance. At high doses coma, seizures, death. Not to mention side effect of normal dosages. Itching, sedation, addiction. Just switching from opiates to cannabis will save millions of dollars due to decreases in crime rate of addicts looking for a fix and millions of dollars more in not having to treat addiction.

    I strongly recommend that you look into the benefits of cannabis. And see for yourself if the benefits outweigh the risks.

    Thank you for reading. Please respond in writing me an email to all my questions in their entirety.

    Sincerely,

    Sparkky McPuff

  6. Anonymous on

    A lot of “medical mj” users really use it to get high, in addition to medical benefits. They could get the medical effects from hemp type Cannabis but few want that. Fact is, mj is incredibly habit forming. I know because I was on daily hash or oil use for many months straight numerous times. I would eventually stop because of all the lung irritation and infections, and general lack of energy, but after a while I always would say that I would just get a little bit and use it occasionally but then immediately be back to daily use.

    The instant gratification without serious unpleasant side effects right away would make it impossible to resist if it was in my possession. I’m off it now but my lungs are already in bad shape from it. I can’t get anymore ever or I’ll just be back to constant habituation. It may seem like harmless recreation but that stuff is bad on your lungs, reduces your immune system so you get bacterial infections, interferes with normal restful sleep (which is why it was scrapped as a sleeping aid by pharma companies after testing it for that purpose decades ago) and god knows what else.

    If it were easily available in stores I think a lot more people would be habituated to it and suffer undesirable effects. It’s the most habituating thing I’ve ever used. Not trying to preach but that’s the reality of it from my viewpoint.

    People in hash producing countries frequently get chronic bronchitis from long term use, and that’s incurable. Vaporisers might help but they are so costly and inconvenient that few people will actually use them. Even breathing resin vapor can’t be good for your lungs really and you will still never get a night of restful sleep. I didn’t even have dreams when I was on it, sort of comatose at night really. I would wake up as tired as when I went to sleep. It’s definitely not just a harmless indulgence. There are serious downsides to Cannabis use, medical or otherwise. People should keep that in mind.

  7. dabaroodeedee on

    Agree with the above post. You brought on all this stupidness. Acting like a goof blazin ur bong at dundas square. Kinda sad you dont have the means to pay for a doctors time who has an interest in MJ like everyone else does.

  8. Anonymous on

    untill people /patients start treating marijuana as a prescription drug and not as a rec drug it will always be percieved as pot heads just trying to get a license to get high. Matt couldn’t have looked more so and the judges proved that.
    Kill your plants and good luck getting a script.

    also it will be interested to see you go down to city square…..you will be a huge target. now lets see how much you fight for now that your ass is on the line.

  9. Anonymous on

    sad to see but matt got what he deserved. Not a champ any more. This guy set a brutal example in what the medicsal mar is not for. showing ur grow on the intewrnet. Smoking up at 4:20. Smoking big joints. I’m actusally glad to see the gov’t stop people from abusing it as a recreational drug and not a preescription and that is meant for. sad that matt was our representive.

    imagine everyone who took prescription meds stood around waiting till 4:20 so they could all take the prescription at the same time and go woot woot.
    sad
    hopefully he can’t grow anymore.

  10. GoldTokeChronic on

    This is the summary it is 60 pages long. Here is a brief summary from the last page.

    Evidence of the appeal 2013ONCA0067 R. v. Mernagh pg. 55 [147]

    The ruling / appeal is also stating that a Doctor can say that they refuse Cannabis Treatment in their official judgement;

    “Refusals based on the doctor’s exercise of his or her judgment are inherent in the defence created by the MMAR.” So the doctor says: “no Medical Cannabis in their professional capacity as medical judgment”,

    and completely discounts the patients validation of Cannabis as beneficial. This is even more insulting to the patient that is already in pain and or undue suffering.

    http://www.ontariocourts.ca/decisions/2013/2013ONCA0067.pdf

  11. Atlanta Toker on

    This is very sad. It appears that the Judicial system of Canada has decided they will take a step back in time instead of a step forward.

    I think it might be in the best interest of the people if you canned the Conservatives in Canada. They are acting exactly like the Republicans in the USA. The republican party in the USA are almost a moot point and only have themselves to blame.

    The people of North America believe they are suppose to have Freedom and Liberty and It in fact should not be denied.

    Unite together and change the landscape in the government so that this issue becomes the same as the Republican party in the USA, a moot point..

  12. Sparkky McPuff on

    What errors?