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  1. #1
    Finally Resting In Peace medpot's Avatar

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    Default Ian Mulgrew: New medical marijuana rule about to face lawsuit

    The Vancouver Sun

    Send a letter to the Editor: sunletters@vancouversun.com


    Ian Mulgrew: New medical marijuana rule about to face lawsuit

    End to home-growing will make pot unaffordable to many medical pot users


    By Ian MULGREW, Vancouver Sun COlumnist October 29, 2013 4:04 PM




    A bud of legally grown marijuana. Canadian medical-marijuana users won’t be allowed to grow

    their own under new federal rules. But a lawsuit is planned to challenge the rules.

    Photograph by: Robert F. Bukaty , AP


    Long-time Fraser Valley marijuana crusader John Conroy is finalizing a lawsuit accusing Ottawa of infringing on the rights of medical pot users and growers.

    He and a handful of other lawyers working on the lawsuit to be filed in Federal Court within weeks have reviewed more than 3,000 victim impact statements from across the country to pick the 15 best representatives.

    Conroy says the new Marihuana for Medical Purposes Regulations recently adopted by Health Canada violate several sections of the constitution. In particular, he claims the radical changes introduced by Ottawa to end home-growing and designated production will unduly restrict the safe access by patients to their medication.

    “The suit has taken longer to frame than expected,” Conroy said.

    “Still, we’re going to be looking for injunctive relief so that after March 31 — when the new rules come into effect — the status quo is maintained until after the court ruling so there is no damage done to these people and they have a supply of medicine.”

    Approved patients — 60 to 70 per cent of whom are on fixed disability pensions — are going to suffer under the new regime, Conroy explained, because they will no longer be able to grow their own medicine nor use a designated grower.

    The soon-to-be-available medical marijuana will be too expensive, he added.

    Under the new program that starts in the spring, patients will be forced to purchase pot from licensed producers who will distribute various strains of dried cannabis by mail for an estimated price of between $8 and $10 a gram.

    Most can grow their own for between $1 and $4 a gram, Conroy said.

    “Thousands and thousands of patients are approved to use more than 10 grams a day — that’s $100 a day at the new rates. No one can afford that,” Conroy said.

    “We’re not asking the government to spend money and support these people. We’re just asking they be allowed to keep doing what they have been allowed to do. We think they should at the very least grandfather-in the current personal production licences.”

    As of Dec. 31, under the old Marihuana Medical Access Regulations, there were more than 28,000 patients with exemptions allowing them to possess and consume medical marijuana; 18,063 people had a personal-use production licence and there were 3,400 other designated producers.

    There were also more than 5,000 buying pot or seeds from Health Canada and its sole supplier for the past 13 years, Prairie Plant Systems.

    So far, Prairie Plant and CanniMed, its subsidiary, are the only approved licensed producers for the new system but the government is reviewing scores of other application.

    One of the delays in organizing the suit, Conroy said, was sorting out whether current growers applying to become licensed producers could participate: “I thought it was a good idea for them to participate.”

    He added there are other problematic concerns with the new order — compassion clubs and dispensaries remain illegal and there’s no provision for derivatives, edibles and non-smokeable cannabis products.

    No matter, Health Canada is creating an entirely different regulatory landscape that many believe may herald a gold rush-style medical marijuana market boom.

    In a freedom-of-information request in connection with this litigation, Ottawa revealed that the total authorized annual consumption of dried cannabis as of April was more than 188,189 kg!

    That’s roughly 415,000 pounds — or more then $1.5 billion at $8 to $10 a gram!

    Health Canada expects that to increase dramatically so its no wonder the prospect of this new legitimate market is stirring robust commercial interest.

    Cannabis has gone from being the stuff of Cheech and Chong skits to the substance of Dun & Bradstreet reports.

    If their constitutional challenge is unsuccessful, Conroy said the growers will consider litigation to recover the investment they made to modify their homes or garages to grow pot.

    (Here is Health Canada’s web page on medical marijuana: http://bit.ly/1isiEa5)

    imulgrew@vancouversun.com

    © Copyright (c) The Vancouver Sun


    Newshawk: MedPot.net Forums

  2. #2
    Finally Resting In Peace medpot's Avatar

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    The above posted thread is posted as a sub-topic at the MedPot.net Forums, and it's part of a main thread called 'Ottawa tightening rules on medical marijuana' that was started on June 16, 2011, and it now has 1,785 related sub-topics and replies, and more than 26,000 views.

    So, there's allot to read just under that thread.

    If you wish to post any comments under this thread on TY, please do so, as there may be more to come.

    This symbiosis should be good for both the TY Forums and the MedPot.net Forums.

    P.S. Please note that all TY members who registered at the MedPot.net Forums can also post their comments by logging in.

    Our guests (moderated) can also post comments to any threads posted in our visible public sections by assembling a simple KeyCaptcha image.

    Thanks!

    Marc


    Last edited by medpot; 10-30-2013 at 08:55 AM.

  3. #3
    Finally Resting In Peace medpot's Avatar

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    Default BC: Abbotsford lawyer fights new federal pot rules

    Abbotsford - Mission Times


    Abbotsford lawyer fights new federal pot rules



    Christina Toth / Abbotsford-Mission Times
    October 30, 2013 05:09 PM



    Abbotsford lawyer John Conroy plans to wage a Constitutional challenge against

    new changes to the federal government's medical marijuana program.
    File photo: Abbotsford Times.


    Abbotsford lawyer John Conroy wants the federal government to grandfather in medical marijuana licences to allow currently approved patients or their designates to keep growing their own medical pot, even after new regulations take full effect on April 1.

    The longtime marijuana crusader is taking a lawsuit to the Federal Court that will contend that with its new Marijuana for Medical Purposes Regulations, the federal government is infringing on the constitutional rights of those medical marijuana users and growers.

    “We’ll seek a declaration the MMPR are unconstitutional to the extent that they take away ability to grown for themselves,” he said.

    Right now approved patients can grow pot at home, or have licensed producers grow for them, but the new MMPR rules introduced in June will force them to buy medical marijuana from licensed commercial growers.

    That change will affect thousands of people across Canada.

    It will create significant hardships for many by restricting their access to safe and affordable medication, said Conroy.

    For one thing, the commercial medicinal pot will be four times more expensive, with fewer strains and forms available to consumers, he said.

    Most people can grow their own for between $1 to $4 a gram, but in a MMPR backgrounder, the government’s own estimated cost of commercially grown pot is $8 to $10 per gram, he said.

    Since 60 to 70 per cent of approved patients are on fixed disability incomes, most won’t be able to afford medical cannabis from the new sources.

    “Thousands and thousands of patients are approved to use more than 10 grams a day – that’s $100 a day at the new rates. No one can afford that,” Conroy said.

    He also questions if there will be in fact enough commercial growers set up in time to keep the supply flowing to approved consumers. In Mission alone, city officials estimate there are more than 1,000 licensed producers, while Abbotsford estimates there are 600 to 700 permits in its community.

    Mission has already composed a bylaw that will more or less ban commercial medical grow-ops, while Abbotsford is looking at a similar restriction.

    “Will we have enough in place to supply all these patients? They’re all very, very fearful they won’t have a supply after March 31. If the new federal program is in place, and you’ve got all these cities passing bylaws that say ‘we’re not going to allow any,’ how is this going to work?” he said.

    Conroy will likely file the matter at the Federal Court in Vancouver in the coming weeks.

    He plans to request a summary trial, versus a full-blown trial.

    After the federal government will be served, Conroy will bring in the application for the injunction. Any appeals would go to the Supreme Court of Canada.

    – with files from Ian Mulgrew, Vancouver Sun


    © Copyright 2013

  4. #4
    Flowering Member nohibition's Avatar

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    Bit of a rant here...
    We will all lose our right to grow/possess by the time this is resolved, and have to start all over again. The government lackeys want their pound of flesh and permitting us to grow means no tax dollars from production. This is not about compassion, it's about money (in their tunnel vision view). I have a small 3 gram limit, enough for me but my wife has lung cancer and her limit will be much higher (she's waiting to see where this BS is going to go before applying). Even with a small amount like mine we would be faced with just under $1000.00 per month. Our combined disability is $1551.00 per month. (We eat a lot of KD). We give them power and they wield it against us. My permits where effective from Oct 2013. They gave me enough time to grow 15 plants. (????) One battle at a time I guess.

    After thought:
    We have senators that were caught stealing hundreds of thousands of dollars from us. If I grow one plant over my limit I could technically go to jail. Because I'm sick.
    Let's see how much jail time they receive. (a couple of them look like they suffer from severe munchies)
    I fall upon the earth, and I am embraced. Water gives me life, and I spring forth into the light. My roots run deep into the earth, and I am nourished. With wind and water, light and earth, I conspire to ease your pain and heal your wounds, to bring you peace and calm your mind, to give you wisdom and truth of heart.
    I return to the earth and I am embraced.I am Cannabis
    Nohibition

  5. #5
    Finally Resting In Peace medpot's Avatar

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    Default ON: Marijuana group wants government to grow away

    Oshawa Express


    October 29,2013



    Marijuana group wants government to grow away


    By Geoff Zochodne/The Oshawa Express


    Health Canada’s new “Marihuana for Medical Purposes Regulations” are drawing nigh, but medical marijuana users and growers say they won’t be weeded out so easily.

    Oshawa resident Dan Nelson is a member of the group MMAR (Marihuana Medical Access Regulations) Coalition Against Repeal. The coalition has already begun laying the groundwork for a legal challenge of the new medical marijuana rules.

    The federal government announced the introduction of the Marihuana for Medical Purposes Regulations (MMPR) in June. When the MMPR come into force, the old MMAR would be repealed.

    Health Canada says the number of authorized people in its Marihuana Medical Access Program has grown from 500 in 2001 to over 30,000 today, and the new regulations will “provide access to quality-controlled marihuana for medical purposes, produced under secure and sanitary conditions, to those Canadians who need it.”

    The new rules set several conditions for a person or company to become a licensed grower of medical marijuana. For the coalition, the big issue is the condition that the site “must be located indoors and must not be a dwelling place (i.e. a place of residence).” Coupled with some of the other conditions, Nelson and others are claiming the regulations would get between them and their medicine.

    Health Canada’s decision not to allow patients to grow their own medical marijuana could be a violation of the Canadian Charter of Rights and Freedoms, he warns.

    “What they are more or less doing is encroaching on our constitutional rights to access our medicine,” Nelson says. “Patients are allowed to choose their own medical treatment as long as it doesn’t cause harm. You are forcing us to make decisions…we don’t want to make.”

    People like to grow their own medical marijuana to control the strain, potency and amount, adds Nelson. Health Canada would only distribute dried marijuana as well, he says, a blow for patients who prefer raw cannabis and edibles.

    “That is something else the coalition is trying to deal with,” he says.

    The coalition isn’t against everything in the new laws though, mainly the loss of personal production and designated growing licenses. Without them, patients must buy from a select few providers. This means increases in price, says Nelson, and a lack of options. The end result could be poorer quality cannabis.

    “Realistically our main goal is to focus on the ability to keep our own gardens,” he says. “Don’t take our options away from us.”

    The coalition intends to challenge the new medical marijuana regulations at the Supreme Court of Canada.

    On March 31, 2014, MMAR is repealed and medical marijuana will only be available “via a licensed producer”, according to Health Canada.

    If the coalition can get its foot in the legal door before then, it hopes it can freeze the regulations before they come into power, says Nelson. Health Canada already stopped accepting renewals of personal growing licenses on September 30.

    On the coalition’s website, www.mmarcoalitionagainstrepeal.com, it lists its three objectives as preventing “all or some” of MMPR from coming into effect, maintaining the status quo until “reasonable access is assured” and filing a class action if the full repeal of the MMAR takes place.

    Nelson isn’t the only local with a keen interest in the new medical marijuana laws. The City of Oshawa’s Accessibility Advisory Committee is the first such committee in the country to have a medical marijuana working group. The group will advise the advisory committee, which in turn advises Oshawa City council.

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