COURT CHALLENGE AIMS TO LEGALIZE ALL CANNABIS USE

Advocates Say Previous Rule A 'Mockery'

Medical marijuana advocates are planning a court challenge aimed at
legalizing all cannabis use, in response to the latest restrictions
announced by Health Canada.

The federal government announced last week that it would allow
designated producers to grow marijuana for as many as two medical
users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of
Canada judge in January, 2008, because they did not provide for a
sufficient legal supply of cannabis for medical users without having
to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal
and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost
in court trying to uphold its medical marijuana policies and
regulations, each time over restrictions on supply.

The federal government's decision to allow producers to grow for no
more than two users is a "mockery" of the courts, said lawyer Ron
Marzel, who was part of the successful Federal Court challenge to the
previous regulations.

The most recent restrictions for medical producers that were struck
down were virtually identical to ones that were found to be
previously unconstitutional by the Ontario Court of Appeal. The rules
"create an alliance between the government and the black market," to
supply "the necessary product" wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to
ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start
another round of appeals in court, observed Mr. Marzel.

"It is time for the vicious cycle to end. It means we have to take it
to the next level, to show the government it cannot thumb its nose at
our courts," said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this
summer on behalf of a number of people in Ontario facing marijuana
trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no
prohibition on possessing or producing marijuana, for medical or
recreational use.

"This is the only way. The courts have repeatedly given the
government time to come up with a workable solution. They didn't do
it. Health Canada has brought this upon itself," suggested Mr. Marzel.

For several months in Ontario in 2003 there was no valid prohibition
against simple possession of marijuana, as a result of a Superior
Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to
strike down all prohibitions, unless Health Canada enacts regulations
that allow for a legitimate supply for medical users.