LAWMAKERS, POLICE SEEK GUIDANCE AFTER POT LAWS QUASHED

Lawmakers and enforcers are scrambling for guidance on how to react to
an Ontario Superior Court decision quashing Canada's marijuana laws.

On Monday, a St. Catharines judge ruled the federal medical marijuana
program unconstitutional because patients are largely prevented from
legally accessing the drugs they need. Justice Donald Taliano also
struck down the country's laws against possessing and producing
cannabis, giving Ottawa three months to fix the program before
marijuana is effectively legalized.

The government is now awaiting direction from the Public Prosecution
Service of Canada, said Tim Vail, spokesperson for Health Minister
Leona Aglukkaq, who is currently running for re-election in Nunavut.

"We are disappointed with this decision," Vail said in an emailed
statement. "The independent Public Prosecution Service has to decide
whether to appeal this decision.

"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 added that the government is considering "longer-term measures"
to reform the medical marijuana program.

The Public Prosecution Service is studying the judge's decision and
has 30 days to appeal the ruling which it is expected to do.

In the meantime, the Ontario Provincial Police will continue to
enforce marijuana laws -- even though they may cease to exist in less
than 90 days.

"It does create a legal grey zone," said OPP spokesman Sgt. Pierre
Chamberland. "Until that grey zone becomes a black and white, then the
legislation remains status quo, and our actions in regards to
enforcing the law remain status quo."

In Toronto, police are waiting to consult with federal officials
before deciding what impact the court decision will have on front-line
drug policing.

"We need to read the decision, but also we need to speak with some
colleagues in the criminal justice system," said Toronto police
spokesman Mark Pugash. "We'll put out guidance to our officers so
(they) know where we stand."

Taliano made his ruling based on findings that Canadian doctors have
"massively boycotted" the medical marijuana program.

Patients seeking a licence to obtain or grow marijuana for medicinal
purposes must first find a doctor to support their application, a
near-impossible task that forces sick people to resort to illegal
measures, Taliano said in his ruling.

Toronto family physician Dr. Tsvi Gallant said most doctors are
uneducated about the medicinal properties of marijuana and physicians
are largely discouraged by their professional associations from
participating in the program.

"I know most of my colleagues would refuse to touch it," Gallant said.
"A lot of family physicians will not even want to deal with it in the
first place."

Gallant said patients must also renew their medical marijuana licences
every year but processing times are glacially slow.

"It's much easier to go to the street and buy it illegally," said
Gallant, who encourages most of his patients to buy cannabis from
compassion clubs. "Patients start breaking the law. And it happens
again and again and again and again."