THE WEED THAT SOOTHES

Like four out of five Canadians, we support the use of marijuana for
medical purposes. And so we are happy with the decision issued on
Monday by the Ontario Court of Appeal in the case of R. v. Parker. In
that case, the court found that Terrance Parker, an epilepsy sufferer
who uses marijuana to prevent seizures, has a constitutional right to
smoke and grow pot. The court also declared the prohibition on
possession of marijuana contained in the Controlled Drugs and
Substances Act (CDSA) to be flawed. If Parliament does not amend the
law within a year in order to provide greater access for medicinal
marijuana users, the prohibition against marijuana possession will be
"of no force and effect" in Ontario.

But while we agree with the result of the judgment, we are disturbed
by the fact that judges, not legislators, have taken the lead in
modernizing Canada's marijuana law. Canada's Health Department has
dragged its feet pitifully over the years. When the CDSA came into
being in 1996, Section 56 provided that otherwise proscribed drug use
may be exempted from the provisions of the CDSA if the drugs in
question serve a "medical or scientific purpose." But until 1998, the
Health Ministry had never considered a single applicant under Section
56. In fact, as frustrated AIDS sufferers learned, the department did
not even have an application procedure for would-be exemptees. Allan
Rock's ministry created a set of such procedures only when its hand
was forced as a result of a suit brought by Toronto AIDS patient James
Wakeford.

In Monday's Parker decision, the Ontario Court of Appeal ruled that
the current Section 56 procedures, though better than nothing, are
inadequate. Marijuana is a proven and effective medicine for several
serious, life-threatening conditions. Tens of thousands of Canadians
can benefit from medical marijuana, yet only about 60 have received
permission under Section 56 in the last year. As the court noted, "it
reposes in the [Health] Minister an absolute discretion based on the
Minister's opinion whether an exception is 'necessary for a medical
... purpose,' a phrase that is not defined in the Act," and "even if
the Minister were of the opinion that the applicant had met the
medical necessity requirement, the legislation does not require the
Minister to give an exemption. The section only states that the
Minister 'may' give an exemption." For these and other reasons, the
judges concluded that Section 56 of the CDSA, in its present form, "is
not consistent with the principles of fundamental justice."

And so now, the ball is in the federal government's court. The CDSA
must be reformed to give Canadians the access to medical marijuana
they want and need. The solution is to put marijuana dispensation in
the control of the same people we rely upon to dispense a whole range
of other controlled medicines: doctors. If, as most Canadians agree,
marijuana has use as a medicine, then let us treat it as one.

RELATED SITES

National Academy of Sciences Read the study, prepared by the Canadian
Centre for Justice Statistics.

http://www.nas.edu/

NAP reading room Read the study 'Marijuana and Medicine', prepared by
the National Academy Press.

http://www.nap.edu/readingroom/enter2.cgi?0309071550.html

American Medical Association Discussion, bulletin boards and chat for
medicial professionals in the U.S.

http://www.ama-assn.org/

Marijuana as Medicine Information about medical uses of marijuana,
clinical studies and reform efforts.

http://www.marijuana-as-medicine.org/

Epilepsy Canada Basic information resource about epilespy.

http://www.epilepsy.ca/eng/mainset.html