USING POT FOR MEDICAL PURPOSES GETS CLEARER ROUTE IN CANADA

In the U.S., the Supreme Court has ruled federal law classifying the
drugs as illegal supersedes state laws.

On July 31st last year, the Ontario Court of Appeal ruled Canada's
marijuana laws were unconstitutional.

The court ruled that the exemption process under the Controlled Drugs
and Substances Act - Section 56 - gave the minister of health too
much discretion.

The court gave Ottawa until July 31 to remedy the situation.

The federal government did not appeal. Instead, Health Minister
Allan Rock drafted new regulations for the use of marijuana for
medical purposes.

Under the proposed regulations that could become law by August, three
categories of people can possess the drug:

=85 Those with terminal illnesses who are expected to die within one year.
=85 Those with symptons associated with serious medical conditions.
=85 Those suffering from symptoms relieved by smoking pot.

Severe arthritis, for example, is classified as a Category-2
condition, along with cancer, AIDS, HIV infection, MS and several
other ailments.

But the drug could be used also by those plagued by persistent muscle
spasms, seizures, severe pain, nausea, weight loss and anorexia.

=46or those who cannot grow their own pot and who do not want to
purchase the marijuana being grown under federal contract, the
measures allow licensed gardeners chosen by individual patients.

Designated growers, who must have no criminal records, will be
authorized to produce a maximum number of indoor or outdoor plants,
based on the patient's need.

This is not a unique approach to the multi-faceted conundrum that
marijuana represents for politicians.

Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon,
and Washington State have passed, or have voter-approval for,
medical-marijuana laws.

California's law, passed by voters in 1996, allows the possession and
use of marijuana for medical purposes with a doctor's recommendation.

In the Ontario decision, the court appended to its reasons a copy of
the California Compassionate Use Act of 1996 as well as the most
recent legislation from Hawaii.

The California law, while declaring that its purpose is to ensure
that "seriously ill" Californians have access to marijuana where
recommended by their doctor for cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis and migraine, goes on to include "or
any other illness for which marijuana provides relief."

The Hawaiian law, on the other hand, requires the doctor to first
diagnose the patient as having a "debilitating medical condition"
such as "cancer, glaucoma, positve status for human immunodeficiency
virus, acquired immune deficiency syndrome, or the treatment of these
conditions."

The act also sanctions its use for "a chronic or debilitating disease
or medical condition or its treatment that produces one or more of
Cachexia or wasting syndrome, severe pain, severe nausea, seizures,
including those characteristic of epilepsy; or severe and persistent
muscle spasms, including those characteristic of multiple sclerosis
or Crohn's disease."

And it says it's okay for "any other medical condition approved by
the department of health pursuant to administrative rules in response
to a request from a physician or qualifying patient."

Still, in May, the U.S. Supreme Court took the opposite tack from the
Canadian courts by ruling that the American federal law classifying
the drug as illegal holds and supersedes the states' legislation.

The 8-0 decision written by Justice Clarence Thomas was an emotional
setback for many patients: It said Congress had determined marijuana
"has no currently accepted medical use."

The Clinton administration launched the case in January 1998 by suing
the Oakland Cannabis Buyers' Co-operative for endangering "the
government's ability to enforce the federal drug laws."

To date, there have been few clinical trials worldwide on the use of marijua
na.

Two approved drugs marketed in Canada as Marinol and Cesamet contain
active ingredients derived from marijuana - respectively, Dronabinol
and Nabilone.

They are generally used for the treatment of nausea and vomiting
induced by chemotherapy.