Lawyers Defend Home Medical Marijuana Gardens in Allard Trial Closing Arguments

CANNABIS CULTURE – Lawyers fighting for Canadian medical marijuana patients’ right to grow at home presented their closing arguments Thursday in a landmark Constitutional Challenge playing out in a Vancouver federal courtroom.

Allard et al legal team John Conroy, Kirk Tousaw and Bibhas Vase presented their closing arguments to Justice Michael L. Phelan in a case that will have wide-ranging implications for the country’s medical marijuana patients.

Conroy and his crew argued that new medical marijuana regulations introduced by the Conservative government banning home grows violate patients’ Section 7 Charter rights because they cannot be “justified in a free and democratic society” as required in Charter Section 1.

Allard lawyers reviewed plaintiffs’ and defendant’s witness testimony to highlight harms of the new Marihuana for Medical Purposes Regulations (MMPR) and illustrate the lack of a justifiable reason for Health Canada to prohibit home cultivation.

The new MMPR system replaces home growing with a new system allowing for the commercial production and distribution of marijuana though the mail by private companies approved by Health Canada. Allard lawyers argued that the new system is inadequate and too expensive for many patients.

Growers won a temporary injunction last year against the home growing ban. Though growers were allowed to continue growing, the injunction included numerous limitations – like a 150g possession limit – also challenged by Conroy and his team.

Cannabis Culture was in the courtroom LIVE-tweeting the proceedings as lawyers presented their case. Read the collection of LIVE tweets from today’s court session by CC Editor-in-Chief Jeremiah Vandermeer:

Tune in for more LIVE-tweeting today at 9am PT of the final day of proceedings on the Cannabis Culture Twitter Feed.

Click here for more about the Allard case on Cannabis Culture.