HANDLING A CONTROLLED SUBSTANCE

The RCMP are aware of the new Organic Matters Centre, medical
marijuana compassion club in Errington, but they haven't visited it
and owner Bob Estes said after his first month, business is going well
and he hasn't received any negative response.

"This type of activity is in contravention of the controlled
substances act, it is trafficking in a controlled substance," said
Cpl. Richard Van de Pol with the Oceanside detachment.

He said the matter is straightforward - the only people allowed to
possess marijuana are directly licensed by Health Canada. Anyone else
is "in possession of a controlled substance."

Estes said that while he does encourage people to go through the
Health Canada process to get the photo I.D. licence, he accepts
members who get their doctors to fill out his paperwork.

He agreed that doctors' notes do not make it legal for people to
possess marijuana, but so far they have held up in a number of court
cases.

"I've actually had to turn away quite a few people," he said of
potential medical marijuana users who have come in with very serious
conditions, who can't convince their local doctors they need it.

"It's been a really sad part of things," he said of the people with
everything from MS and hepatitis C to cancer who have stopped by
looking for something other than pharmaceuticals that aren't working
for them.

Van de Pol said Health Canada doesn't license the sale of marijuana in
any form, especially in a storefront.

According to Health Canada the only way for people with a license to
get it legally is to grow their own, have someone grow it for them or
buy it from Health Canada.

Van de Pol said his understanding is that Health Canada can designate
someone to grow for up to three people licensed to have medical
marijuana. He also pointed out that doctors are not allowed to
prescribe it, so it is problematic for Estes to accept doctors' notes
as prescriptions.

"If people are buying marijuana from someone not licensed through
Health Canada, they are in possession of a controlled substance," Van
de Pol summed up.

Estes meanwhile said Health Canada is avoiding dealing with the issue
and said they simply don't license people to sell it.

"If they did I'd be first in line, I'd do whatever I have to to
legally provide the service."

As of summer 2009, the latest figures available from Health Canada,
there were 1,008 people in B.C. with an Authorization to Possess dried
marijuana under the Marihuana Medical Access Regulations. There are
about 500 physicians in B.C. (of 10,000) who support patients in
getting a license.

"The toughest job now is to change the minds of some of the doctors in
the area," Estes said, adding otherwise he feels like the community
has accepted his service.

He encourages people who have been denied by their doctors to just
keep trying and eventually attitudes may change.

Health Canada could not be reached for further clarification by press
time.