N.S. ORDERED BY COURT TO PAY WELFARE RECIPIENT'S MEDICAL MARIJUANA BILL

HALIFAX - Nova Scotia has been ordered to pay for the medical
marijuana used by a woman on social assistance.

In a decision released Wednesday, Nova Scotia Supreme Court ordered
the Community Services Department to pay for Sally Campbell's
prescription pot. She suffers from a number of ailments and has a
certificate from Health Canada permitting her to use marijuana to help
alleviate her pain and nausea.

The province had denied Campbell's request that it increase her
monthly allowance to cover the cost.

Campbell appealed that decision to a one-person appeal board, which
also denied her request.

She then went before a Supreme Court justice last month and
won.

Dalhousie Legal Aid lawyer Donna Franey presented Campbell's case,
which she first took on in 2005.

"It's been a long process," Franey said. "I don't think we'd be going
through this if it was Tylenol 3. I think there's so much scrutiny of
this case because of what it is. I think that's why it's been such a
difficult fight."

Justice Minister Ross Landry declined to comment on the specific case
because his department had yet to review it. However, he said he has
no problem with the ruling if medical officials determine marijuana is
a benefit to someone's health.

"If that's the medication for them, I don't have an issue with that as
long as it's controlled and regulated in an appropriate manner to
ensure the safety of the person receiving the treatment," Landry said
at Province House.

"I also want to make sure the public itself is safe."

Franey said she has seen Campbell go without medical marijuana because
she didn't have the money to pay for it and she was debilitated by the
pain.

"She's excited; very, very pleased," the lawyer said. "She's tried a
lot of other medications and they were just toxic. She suffered some
horrible side effects. In terms of her health and quality of life,
it's going to make a huge difference."

Franey predicted the decision could have far-reaching implications for
the province because many disabled people are not able to work. She
expects there will be others on income assistance who also use medical
marijuana and will now come forward and ask the province to pay for
it.

However, each applicant will have to do what Campbell did - appear
before a special-needs hearing and prove that the marijuana improves
the client's quality of life, works better than other medications and
is essential to the person's well-being.

Campbell's doctor had provided a letter saying medical marijuana is
"essential to her health and well-being." In addition to helping with
pain and nausea, he said it also improves her concentration, focus and
energy level.

In his decision, Justice Gerald Moir wrote that the appeal board
really had only one rational finding based on the evidence provided.

"Medical marijuana is essential for Ms. Campbell."