Licenced medical marijuana patients granted reprieve by Canada's federal court

    1 of 1 2 of 1

      Licenced medical marijuana patients have been given a temporary reprieve by a federal judge.

      Today (March 21), Justice Michael D. Manson granted an injunction that exempts currently licenced marijuana users and producers from the terms of the incoming Marihuana for Medical Purposes Regulations (MMPR), set to take effect on April 1.

      This mean that people who hold licenses issued under the old rules will still be permitted to possess and/or grow medicinal marijuana.

      According to the decision, people with a valid Authorization to Possess, Designated-person Production, or Personal-use Production Licence "are exempt from the repeal of the Marihuana Medical Access Regulations and any other operation of the Marihuana for Medical Purposes Regulations [MMPR] which are inconsistent with the operation of the Marihuana Medical Access Regulations, to the extent that such an Authorization to Possess shall remain valid until such time as a decision in this case is rendered."

      Under the MMPR, Health Canada will no longer grow or sell marijuana for medical purposes. Individuals would also be barred from growing their own product; anyone needing marijuana for medical purposes would therefore be required to purchase dried marijuana directly from a licensed grower by mail.

      The decision chronicled the cases of four individuals who attested that under the MMPR, they would no longer be able to afford to purchase medicinal marijuana. One individual stated they were able to grow their own marijuana for $.50 to $2 per gram; under the new regulations, users would likely have to pay between $5 and $12 for a gram of marijuana. The applicants in the case feared this would mean they would no longer be able to access marijuana to treat chronic conditions.

      Currently more than 16,500 British Columbians are licensed to possess medicinal marijuana.

      Canada Health Minister Rona Ambrose reacted to the court's decision to grant an injunction on Twitter.

      "We are disappointed with this decision," she wrote. "Allowing marijuana to be grown in Canadian homes and neighbourhoods has led to serious abuse. This includes public health and safety risks such as criminal diversion, fire hazards, and mould infestations. We will review the decision in detail."

      In a press release, Dana Larsen, director of the Sensible B.C. campaign, lauded the ruling: “The Courts made the right decision this morning."

      “Patients should be able to grow their own medicinal cannabis for pennies, instead of being forced to buy it at street prices from these new government-licensed cannabis cartels. Some of these patients have been growing for years, and have developed strains that are tailored to their medical needs. Forcing patients to destroy their seeds will wipe these unique strains off the map causing irreparable damage.”

      Sensible B.C. is planning a day of action on April 1, encouraging Canadians to contact Rona Ambrose, federal Minister of Health, to protest the implementation of the MMPR.



      kush sap

      Mar 22, 2014 at 3:23am

      Well its about time that the health canada and there puppet government officials actually been told its about medicine not money these cannabis cartels have no knowledge of medical mj I've been approved since jan and have been made to buy my meds from a lp and I will tell u thbe prices are like240 plus delevery and 13 percent tax come on tax on pot but u don't want to legalize it the government. Just screwed itself thanks u finally may rest and give on ur mmpr doesn't work


      Mar 22, 2014 at 5:34am

      I was also licensed since January new rules , got moldy weed from a
      Lp, if the old licence are still allowed to grow then the new licence should
      be allowed as well . It's only fair

      Sara - master of loopholes

      Mar 22, 2014 at 9:50am

      Keep your receipts!!! The CRA will let you claim the cost of medical mj on your taxes, (I do taxes, and am licensed for MMj), which can result in a pretty decent refund... not much but its at least one thing we can claim back... that includes the shipping fees btw...

      Joe grow

      Mar 22, 2014 at 11:33am

      Don't forget to lodge a compliant with the Federal Privacy Commissioner with regards to health canda threatening to release your personal medical information to other agencies. They need to hear from the 40 000 permit holders who were affected.

      MR BLUE

      Mar 22, 2014 at 6:07pm

      This is B.S every one with a license is selling it on the street. 20 percent might grow for them self but I would love to see the 20 to 180 grams a day Patients smoke or eat there prescription. This is out of hand people are using it as an excuse to grow legally and sell illegally. the government needs to wake up.


      Mar 22, 2014 at 7:36pm

      My wife had a licence to possess with a designated grower. Her licence expired in December, with this new ruling will she be able to renew her licence as health Canada was not renewing any licences after Sept or Oct.


      Mar 22, 2014 at 11:38pm

      This would all be so much easier if the feds would just smarten up and legalize it. Why are we wasting our time on enforcement when there's nothing to be gained from it?

      Jhon doe

      Mar 23, 2014 at 8:33am

      I have brain injury and i cant work... I dont know how i could afford medical marijuana if i wasnt able to get it grown by someone.... My spine is also damaged so anytime i work maybe over two hours it locks up and i am not able to work or walk... Marijuana doesnt help me with my spine but it helps me relax because of my anxiety i have suffered after my brain injury.... And also my pain and headaches it helps with and my sleep.... Befo the medical marijuana it was just pain killers t3z oxycodine... Now i dont use any pills no more .... The pills made me feel like a zombie.... I hope canadas laws are pro marijuana .... If there is something wrong with the system fix it ... Dont tax everyone on the product that doesnt make sense... Many people are in my situation and are also suicidal.... Let the patients live.... Dont make us kill ourselves because of our pains....thanks and sorry if i offended anyone who is against marijuana ...

      To jack

      Mar 23, 2014 at 8:47am

      Any permit issued before sept 30/2013 or after , is now valid until a future court case!


      Mar 23, 2014 at 9:58am

      To MR BLUE:
      You actually have the audacity to insinuate your guess as fact on how 20% are lawful...and this is documented where? please provide details.
      As expected, the dis-infoming far-reaching NeoCon blue Smurf Camp is at again...desperate behaviour as they witness their power sapped from them. They are bullies who never wanted to share from their days at the sandbox. Their mothers should have taught them better, but parenting is not requiring of a license-it should be.
      The people have woken up, MR BLUE. Time approaches....gather your cronies and run...Justice is coming after you.