Blame Doctors Not Health Canada

The last half-hour of our constitutional challenge to Canada’s felt like a bargaining session. We asked the court to consider striking down all the weed laws (possession, possession for the purpose, trafficking, production, production for purpose,) because Health Canada program is illusory for a majority of seriously ill Canadians. The crown recommended the judge only invalidate personal marijuana production based on my criminal charge and to give parliament a year to correct its course. We accepted, but possession and interim relief would have to be included.
A program doctors want to be involved in.
Currently doctors don’t want the role of gatekeeper. We have ample evidence from patient witnesses. We put to the court reasons why we believe doctors’ are not signing declarations. To recall a famous phrase “Just Say No” is the mantra of most doctors when it comes to . Doctors governing bodies and insurance agent have told the feds numerous times they don’t want anything to do with the medicinal marihuana scheme.
Don’t make us the gatekeepers.
The government’s position on R v. Mernagh;
1) I have a right to grow medicinal marijuana.
2) This right is infringed because I face jail time if caught and convicted.
3) We disagree on whether or not the medical marijuana program is illusory.
The government believes their medicinal marijuana program is accessible. We argued the program isn’t.
Blame our gatekeeper, but don’t blame our legislation.
The prosecutor cited , a Vancouver bookstore that has serious issues importing their gay and lesbian material into Canada. Every shipment is a custom official crap shoot. Custom officers work for the state, doctors do not. More importantly doctors have been asked to do something they’ve told government “no thanks. not us.”
For cannabis case law both sides cited religiously from , and even …at the very last second. Malmo-Levine’s appearance was akin to the wrestling run in. “Oh my gawd it’s M-A-L-M-O!” The crown hadn’t time to print the ruling
DML’s case was tossed in by the prosecutor to demonstrate the state could prohibit me from marijuana. We turned the tables by suggesting a focus on Supreme Court of Canada examination of how really is. We considered arguing harm reduction principles are perfect for personal production.
Tit-for-tat….It’s just an idea.
In summation we informed the court our ideas for an opt in doctor registry overseen by the college and physicians and surgeons and an extensive education campaign were only some of the potential solutions. The prosecutor argued we were asking the court to make a policy decision. No, we only put forward ideas to show they were better than nothing. That’s what the government is doing now, nothing.
We can only point out something is broken.
The is just that. It’s broken. Hitzig, who to me is a guy with a skateboard and backpack of med buds making deliveries to ill people, was an examination of a government program in its infancy. The Ontario court of appeal gave the feds time to wrinkle out the kinks.
With the help of the cannabis community coast-to-coast we built a robust body of evidence. We painted a picture of what the program looks like a decade later. It’s not working.
We brought in a York University professor to speak about the influence of big pharma on doctor’s prescribing habits. The role of a detailer, advertisers and ghost writers, because we wanted to demonstrate Health Canada is not proactive.
There’s no beautiful blonde bombshell going to doctors with free samples and dinner invites. Health Canada runs an anti-drug campaign, enforcing stigma, but doesn’t run medicinal marijuana ads as a counter balance.
We had a pharmacologist explain problems with opiate medication and the meds prescribed to our patient witnesses. Pain drugs currently cost the province via Ontario Drug Benefit, $54 million annually.
Growing marijuana is considerably safer and cheaper.
Best, we had twenty one people from 7 provinces testify via affidavit, medicinal marijuana does not reside where they live.
The program is broken.
We called an overwhelming amount of evidence demonstrating its failures. When we demonstrated we had not just a little proof, but an overwhelming amount of new evidence that government has failed, an incredible amount of case law not relating to cannabis was used to hold the fed’s argument together.
“The future has arrived. The time to revisit Hitzig is now.”
I return to court March 15 to get a date to hear for when the ruling will drop.

Matt Mernagh
Matt Mernagh

Matt Mernagh is author of Marijuana Smoker's Guidebook The Easy Way To Identify and Enjoy Marijuana Strains ( by Green Candy Press and hosts a weekly weedy webcast The Menahuana Zone on Pot.TV every Tuesday. The Mernagh Ruling is a test case of Canada's cannabis laws and was spearheaded by Mernagh, lawyer Paul Lewin and 22 witnesses from across Canada.