MEDICAL POT RULING APPEALED IN ONTARIO

Case Hinges On Patient's Right To Reasonable Access To Government
Supply Of Marijuana

TORONTO -- People with severe medical conditions have the
constitutional right to easily access government-supplied marijuana,
an Ontario court heard yesterday.

Health Canada has been making "a good-faith effort with its legal
supply," government lawyer Lisa Csele said in Ontario Superior Court.

The government is asking Justice Eva Frank to overturn a ruling last
year by a provincial court judge in Toronto who found there was no law
against simple possession of pot, because the medical marijuana scheme
was still invalid.

Frank reserved her decision.

Justice Howard Borenstein concluded that a government "policy" to
supply marijuana to medical users through Prairie Plant Systems Inc.
was not sufficient, in dismissing charges against Clifford Long, a
Toronto man arrested with $40 worth of cannabis.

"Reasonable access is now dependent on policy, not law -- on a law
that has been found to have set up barriers to reasonable access,"
wrote Borenstein.

The judge based his ruling on a 2003 Ontario Court of Appeal decision
that found some sections of the government's medical marijuana
regulations to be unconstitutional because authorized users had to
obtain their medicine on the black market.

The court gave the federal government options to fix the problem -- by
allowing compassion clubs to operate or by becoming the sole supplier
for medical users.

The changes "can easily be implemented with dispatch, simply by
regulation," said the Court of Appeal.

Health Canada responded by re-enacting some of the unconstitutional
restrictions, including a prohibition on a designated producer growing
for more than one user. It also entered into the contract with Prairie
Plant, which has enough supply for all authorized users, although some
medical marijuana advocates have complained about the quality and the
price.

The pledge to produce enough marijuana for medical users is a result
of policy, rather than any formal regulation or law.

Csele agreed that if the medical marijuana scheme is unconstitutional,
then there is no law against simple possession of cannabis. But she
urged Frank to look at all of the government's actions when deciding
if it has done enough to comply with the Court of Appeal's ruling in
2003.

Restrictions on a non-government supply for medical users are
permitted as long as Health Canada provides enough product, said Csele.

The ruling by Borenstein is one of a number of decisions in the past
eight years to find aspects of the medical marijuana regulations to be
unconstitutional.