LEGAL POT GROW-OPS: JUSTIFIABLE 'HAZARD'?

Health Canada's Policy Sparks Controversy

There are houses in Abbotsford where pot is growing with the sanction
of the federal government, and neither the Abbotsford Police nor city
hall knows where they are.

Even Health Canada, which licenses these grow-ops, is not allowed to
enter these residences to enforce regulations without the owner's
consent. It's a system that frustrates politicians and police across
the Lower Mainland, and Abbotsford's mayor recently added his voice to
the issue.

"They're a nuisance and a hazard," said George Peary, noting that the
city can do nothing to regulate legal grow-ops, because they fall
under Health Canada's jurisdiction.

He said the city's public safety inspection team sometimes becomes
aware of these operations when they investigate illegal grow-ops, as
they are flagged by neighbour complaints or high electrical use.
Unlike illegal grows, no action is taken.

Peary said the residents in these legal grows compromise their own
safety.

"If we find out about it, you can rest assured others in that industry
(the drug trade) are finding out about it, and they are not as gentle
and polite going in (as the city)," Peary added.

Peary said the city should have a list of legal grow-ops, if only to
avoid the inspection team moving in.

"Otherwise, we're assuming they're illegal," he said.

"It's, to my mind, not a good system, and it's dramatically in need of
overhaul," said Peary. "It's largely unworkable."

Abbotsford Police Const. Ian MacDonald said police have asked the
federal government for more information about legal grow-ops in the
community. However, he said Health Canada cites the privacy rights of
patients as a reason for keeping their locations unknown.

"They don't have to report directly to us. They deal with Health
Canada, and often our first interaction with them is them getting
ripped off, and/or hearing from neighbours that they smell marijuana,"
said MacDonald.

He said police do not enforce Health Canada's restrictions on these
growers, such as the size of their crops.

If legal growers are limited in the number of plants they can
cultivate, there is apparently no restriction on size. MacDonald said
APD have found enormous plants in legal grows.

"The Christmas-tree scenario is exactly what we've found - we're
talking about monsters," he said.

He said these legal grows should be a concern.

"Any time you're growing marijuana you're talking about the potential
for fire hazard and electrocution," adding that he also knows of a few
grow rips in recent years involving these houses.

One licensed grower in Abbotsford, who spoke only on condition of
anonymity, lives in fear of grow rips. He received a Health Canada
licence due to his deteriorative disc condition.

He was the victim of a home invasion in Chilliwack, and moved to
Abbotsford. Now strangers have become aware of his grow-op in Abbotsford.

"I've got people coming to my door asking if I have pot for
sale."

Still, he did not let police or the city know about his legal
grow.

"It's none of their business," he said.

Dana Larsen is a candidate for the NDP leadership, and also involved
with a Vancouver-based dispensary that provides medicinal marijuana to
some 3,000 patients in the region.

He also believes Health Canada's present system is a poor one, and
sees a working system of dispensaries as the answer.

"There's no legislation that allows dispensaries to operate," he said.
"We are filling a gap in the system."

He said the present federal system is designed to fail, providing
product that is expensive and of low quality.

He said real expertise is necessary to create a "high-quality,
medicinal product." His group does that, selling the marijuana at
not-for-profit prices. They offer more than 25 difference strains and
varieties, which primarily go to patients with AIDs, cancer, epilepsy,
arthritis and multiple sclerosis.

Larsen said quality pot, in addition to its well-known pain-relieving
properties, can reduce epileptic seizures, help people with digestive
issues, increase appetites and more.

His group produces capsules, pill products, tinctures and even salves
that can be rubbed on the skin.

"We don't just offer smokeable bud," Larsen noted.

By contrast, he said the federal government sells marijuana that has
stalk mixed with the bud, is generally of lower quality, and is freeze
dried and vacuum sealed.

"It's a product that's not very medicinal at all," he
said.

The alternative is to mail order federal seeds, and patients grow
their own.

He knows of 12 dispensaries operating in the Lower Mainland and on
Vancouver Island, and estimates there are three or four more across
the province.

They operate without oversight, but most stick to an ethical code, and
he says being legitimized by government would be a good step.

Larsen said mayors and critics should direct their attention at the
federal government, not patients growing their own marijuana.

"The patients are not to blame; they're the wrong people to go after,"
he said. "They are at risk and they feel very vulnerable. They are
growing expensive medicine in their own home.

"We don't ask people to make their own penicillin in their own
home..."

He said Health Canada is offering its medicinal marijuana program only
to meet legal requirements resulting from court decisions and legal
precedent.

"It's a terrible program," he said.

Canada's MMAR program

Health Canada responded to The News' questions via
email.

How does the system work?

The Marijuana Medical Access Regulations (MMAR) provide a means
through which seriously ill Canadians can obtain access to marijuana
for medical purposes.

An authorization to possess, and/or a licence to produce, marijuana
for medical purposes may only be granted when all criteria have been
met, as stated in the MMAR, including the requirement for a medical
practitioner's signature.

There are two categories under which individuals can apply for an
authorization to possess marijuana for medical purposes.

Category 1 refers to individuals who suffer from various symptoms
related to multiple sclerosis, arthritis, cancer, epilepsy, HIV/AIDS,
or spinal cord injury/disease, or in case of compassionate end-of-life
care.

Category 2 refers to individuals who are suffering from symptoms
associated with an illness other than those mentioned in Category 1.
Individuals applying under Category 2 are required to have the
signature of a physician, to support their application, and where the
physician is not a specialist, he/she must provide details regarding
the evaluation of the applicant by a medical specialist in the area of
specialization relevant to the treatment of the applicant's medical
condition.

Once approved, individuals have three options for obtaining a supply
legally:

1) They can apply under the MMAR to access Health Canada's supply of
dried marijuana.

2) They can apply for a personal use production licence.

3) They can designate someone to cultivate on their behalf with a
designated-person production licence.

Furthermore, holders of a production licence can produce marijuana for
a maximum of two individuals who have authorizations from Health
Canada to possess marijuana for medical purposes. In addition, the
maximum number of production licences (either personal-use or
designated-person) at one site is four.

An individual applying for a production licence must provide details
about the site, including a description of the security measures they
will take.

What is Health Canada's response to the criticism that there is not
enough supervision of growers?

Health Canada's inspectors have the authority to conduct inspections
for compliance with the MMAR and the terms of a licence to produce
marijuana for medical purposes. Where the production or storage site
is a dwelling-place, Health Canada inspectors must have the occupant's
consent, or a warrant issued by a Justice to enter the place.

Police say they don't know what the addresses are of legal grow-ops -
is this a problem?

Information regarding an individual's application, authorization or
licence is private and confidential. In order to protect the privacy
of such individuals, Health Canada does not discuss or disclose their
information to third parties.

However, Health Canada is authorized to provide limited information in
response to a request from a Canadian police force engaged in an
investigation under the Controlled Drugs and Substances Act (CDSA), or
the Marijuana Medical Access Regulations (MMAR).

Health Canada is currently considering measures to reform the
Marijuana Medical Access Program and its regulations. In its
considerations, the department is focussing on three key objectives:
public health, safety and security; reasonable access to marijuana for
medical purposes; and examining the overall costs to Health Canada.

Any changes to the program will balance the need to provide
legal access to this controlled substance with the government's
responsibility to regulate it.