Canadian Court: Government Can’t Prohibit Patients’ Rights To Grow Cannabis

  • by Paul Armentano, NORML Deputy Director February 24, 2016

    flag_of_canadaA federal court in Canada ruled today that government officials cannot prohibit physician-authorized patients from growing their own supply of medical cannabis.

    The decision strikes down regulations enacted in 2013 that sought to take away patients’ longstanding authority to grow personal use quantities of cannabis. The court opined that the regulations unduly infringed upon patients’ liberties and that they were “not in accordance with the principles of fundamental justice.”

    The judge’s ruling provides Parliament with six months to create new rules governing the regulation and distribution of medical cannabis in a manner that no longer requires patients to obtain medicine solely from federally-licensed, private third party providers.

    NORML Canada‘s John Conroy served as lead counsel for the plaintiffs in the case, while NORML Deputy Director Paul Armentano served as an expert witness and filed an affidavit in the case.

    Canadian officials first legalized the physician authorized use, possession, and home cultivation of medical marijuana in 2001. Those regulations were significantly amended in 2013 in a manner that sought to prohibit qualified patients from continuing to receive cannabis from Health Canada or from growing it themselves.

    Last year, newly elected Prime Minister Justin Trudeau promised to amend Canada’s marijuana laws in a manner that regulates the plant’s use and sale for all adults.

    Text of the decision, Allard et al. v Canada, is online here.

    8 Responses to “Canadian Court: Government Can’t Prohibit Patients’ Rights To Grow Cannabis”

    1. Ben says:

      America is behind the freedom curve.

    2. Galileo Galilei says:

      Simple human compassion.

      If we can grow own we can save a shitload of money on health care costs.

      Don’t tell big pharma.

      Just sayin’….

    3. Hempopottumis says:

      This should be the same for each and every state that legalizes or has medical marijuana.

      Some patients simply don’t have the means to get to a dispensary or they just may not have the money to purchase medicine.

      Yes it is the worst nightmare for pharmaceutical companies in alcohol distributors. The last thing they want is competition that your grandma and grow in her backyard.

      Regardless, any legislation that doesn’t include home cultivation should not be passed as its simply ludacris!

      With Australia legalizing medical marijuana, it’s looking pretty sad for the United States of America that our government is so corrupted and influenced by money that we can’t lead the way for a new generation of progressive and compassionate ideas.

      Tax, regulate, and home cultivate! = Overdue freedom.

    4. Jack says:

      Up here in Canada we live under a socialist nightmare. We have no rights only privileges and as far as “legalization” is concerned, the current (Liberal) government conned the voters into trusting them (namely Trudeau)about decriminalizing and legalizing. Truth be told, it will take one term to “study” the issue and a further second term to enact legislation. But who knows if that’s even going to come about. In the meantime, as it has always been, the Canadian government takes its cues from the US on whether we can go ahead, regardless of how things are going there.

      Screw the government, grow your own.

    5. Julian says:

      Way to go Paul! NORML leads the way!

    6. Mark I. says:

      Taking the therapeutic interactions of growing your own life saving medication out of a patients return to a positive quality of life is like telling the holocaust victims that their lives have no value.

    7. Galileo Galilei says:

      ‘A federal court in Canada ruled today that government officials cannot prohibit physician-authorized patients from growing their own supply of medical cannabis.’

      A victory for doctors and patients over cruel drug war ideology.

    8. Anonymous says:

      Liberty from going to jail.

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