ONT. JUDGE: MEDICAL POT LAWS INVALID

OTTAWA - A controversial ruling on medical marijuana from an Ontario
Superior Court judge has lit up a new federal election issue.

Judge Donald Taliano ruled that Health Canada's medical marijuana
program is invalid and denies legal access to sick people who need the
drug.

He gave the government 90 days to respond.

Without a response, production and possession of pot would effectively
be legalized.

The day after the ruling, the 37-year-old man who brought the case
forward said he started planting marijuana seeds to grow the drug he
insists is the only way to control his pain.

"There's no reason for me to wait. I'm exempt from the marijuana law.
I'm not going to wait," said St. Catharines, Ont., native Matthew Mernagh.

Mernagh suffers from osteoarthritis, but no doctor would back his
application for a pot-growing licence.

Federal Health Minister Leona Aglukkaq is now examining her
options.

"We are disappointed with this decision," said Tim Vail, the
minister's spokesman. "While the courts have said that there must be
reasonable access to marijuana for medical purposes, we believe that
this must be done in a controlled fashion to ensure public safety."

Vail said it's up to the Public Prosecution Service to decide whether
the government will appeal.

The Liberals, meantime, are guarded in their response.

"We are reviewing this ruling and its implications for patients across
the country," said campaign spokesman Mike O'Shaughnessy. "It was a
Liberal government that enacted the regulations relating to medicinal
marijuana use in Canada, and we are proud of that record and support
the use of marijuana for medical reasons."

O'Shaughnessy said the Grits don't support the full legalization of
marijuana, but would support decriminalization of small amounts for
personal use.

The Liberals also opposed Bill S-10, which would have imposed
mandatory minimum sentences for drug dealers and marijuana growers,
because they said it would throw too many young people in prison for
minor crimes.

The bill died when the federal government fell in late
March.

The NDP didn't respond to QMI Agency's requests for an interview.