Battle Over Canadian Medical Marijuana Continues

More than a decade ago, after several court rulings, the federal government was forced to create regulations allowing people with legitimate needs to possess or grow cannabis for personal medical use without facing criminal charges.

Yet it seems Canadians will have to wait longer for a truly workable system that ensures access. Unfortunately, in a ruling issued Feb. 1, the Ontario Court of Appeal rejected the latest constitutional challenge to the current marijuana medical access regulations (MMAR).

There is an ongoing chill surrounding physicians who might consider providing the medical declaration that is a required part of a patient’s application to Health Canada for permission to possess or produce cannabis for personal medical purposes.

Some provincial regulatory authorities have actively discouraged physicians from providing this service to patients, some to the point of stating clearly that physicians should not support a patient’s application.

– Read the entire article at The Toronto Star.



  1. 420 observer with MS on

    Well, I have my Health Canada Papers to possess.. With a Health Canada Approved Designated grower.
    I have placed an order with my grower for a couple differing strains, before I go for Thyroid removal this month so I could make edibles for post surgery, now the RCMP have seized it … In transport along with my time sensitive documents for my next years application to possess. Well, they’re saying that we have exceeded the 150g shipping law, contrary to Health Canada’s guide, which says I can receive by shipment my monthly allowable. Well, because said RCMP constable is on days off I have to suffer in pain, or go buy from a street vendor…though the cop said he could not agree with that.
    I am tired of being made to feel like a 53 year old criminal. I have totally abstained from all vices while in ministry, but with MS sneaking up on me my life’s needs were such that I had to use something other than the liver killing doses of Tylenol 3’s. I could use some honest encouragement.
    4:20 observer with MS

  2. Anonymous on


  3. awesomesound on

    As for getting rid of the Individual grower I just don’t understand how I can buy just a part of the plant? I use the whole plant, Stalk & leaves for Cannabutter, Bud to Medicated and WHAT do I do with SEEDS? I my self am serviced by a Compassion Club they are serviced by Individual growers who produce a variety of strains for a variety of illnesses and about half of them are at subsidized prices at 5-7 dollars a gram. If my Club gets forced out of business and they (“don’t care what you say” Health Canada} can’t provide the service I need I will be returning to my dealer.
    Personal and Designated Production:
    Individuals have spent thousands of dollars and often years of time setting up production facilities and finding appropriate marijuana cultivars (strains) for their condition. Court cases including Sfetkopolous, Beren and Hitzig have found that denying production licenses on arbitrary grounds violates a patient’s constitutional rights to access medical marijuana.
    Contrary to extensive misinformation campaigns in the Fraser Valley of British Columbia, led by the RCMP research chair at the UCFV, there is no evidence that medical marijuana production facilities contribute any more to public safety threats than a myriad of other permitted activities (including cooking at home, having expensive possessions, installing a hot-tub, growing tomato plants). Any changes to the Health Canada medical marijuana program must include the preservation of personal and designated production.
    If Health Canada’s commercial growers are to equal the service and compassion of the Dispensaries they will need to not only grow but be able to breed specific strains for all illnesses not just 1 strain as they do right now, and also offer a few strains at subsidized prices at 5-7 dollars a gram for Patient that are on fixed incomes and if they are going to price per strain as they do at the Dispensaries top price CAN NOT exceed 12 dollars per gram for the best strains or we will all go back to our dealers or what the Government calls the Black Market.
    The Harper Government mite what to consider licensing the growers & breeders that are already growing safe quality medical Cannabis.
    Its come to my attn. that the new Commercial Grower Regulation means as a patient my prescription is for one grower and if he does not have my strain I will have to go back to my doctor for another prescription for another Commercial Grower, this will only cause more Headache, Grief and Physical Pain that has already been inflicted upon by HEALTH CANADA. If the Government is getting out of the Medical Cannabis Business, then they should GET OUT!!! And let Dispensaries take over.

  4. Anonymous on

    Let’s bring back the Canada of intelligent, open, and honest discourse.

    We’ve taken on the American model of hidden agendas, ideologies rooted in history rather than pragmatic proclamations that produce observable results.

    It’s the shadows we’re moving into – not the light.

    Freedom for all citizens but amongst all we cherish and value our sick and marginalized.

    Shame Canada. Shame.

  5. Kyle Forrest on

    I’ve been trying for a year now to get on this system and not have to risk my future to have a months worth of medicine. It’s bull shit, thanks Canada…

  6. Sparkky McPuff on

    No shit its easy enough to find. Their mission statement is on one page don’t sign med decs for mmj users dated 1999 and on the next page touting the praises for safe injection site services and clean needle exchange dated 2009! Proof the the medical establishment is aaaaaallllll aaabbboooouuuuttttt MONEY!!!! Life isn’t fair! But putting people in jail for using their drug of choice for any reason is downright cruel and inexcusable!!!!!

  7. Ivankov on

    If provincial regulatory authorities have discouraged physicians from providing services then PERHAPS this should have been proven in the courts and used as evidence during the Mernaugh appeal!! Im sure it would have looked good since there was a lack of evidence on the part of the defense.