STEPS REVISED TO OK POT-SMOKING FOR HEALTH REASONS

OTTAWA - The federal government is poised to unveil as early as this
weekend new regulations to create a more open and less arbitrary process
for sick Canadians seeking federal permission to smoke marijuana for pain
relief.

The proposed measures are expected to be published in the Canada Gazette on
Saturday, giving Canadians 30 days to comment before a final set of
regulations are drafted.

The new process will come into force no later than July 31.

The move is in response to an Ontario court ruling last August that struck
down the federal government's anti-possession law, the Controlled Drugs and
Substances Act.

Justice Marc Rosenberg of the Ontario Court of Appeal declared the law
violates the rights of sick people by forcing them to choose between
"health and imprisonment."

Rosenberg gave the government a year to address the failings of the law or
it would become null and void, meaning people (including the healthy) could
no longer be charged with possession of pot and other illegal substances.

Since 1999, Health Minister Allan Rock has granted more than 200 exemptions
- - as allowed by the law - to ill Canadians who can prove they need to smoke
marijuana to control the symptons of such diseases as AIDS and cancer.

But Rosenberg rejected the requirement under Section 56 of the law for the
sick to seek federal permission. He raised concerns about the broad
ministerial discretion, the transparency of the process and the lack of
clarity over what constitutes a medical necessity.

Under the new Health Ministry plan, people seeking an exemption from
prosecution will still be required to get the government's approval - but
it will be done in a much more structured fashion.

For instance, the new approach will address the court's concern over the
need for a definition of medical necessity and will define the
"circumstances and manner" in which smoking pot for medical use is approved.

- - Southam Newspapers