MEDICAL MARIJUANA

A SENSIBLE COURT RULING

Ottawa might decide to appeal a recent court ruling that could make it
legal to possess marijuana in Ontario. But why would it bother with a
challenge when all the feds have to do is fine-tune Health Canada's
medical marijuana access regulations?

We doubt that Justice Donald Taliano was intent upon legalizing
marijuana across the board when he made his decision earlier this
month. The issue for Taliano is medical marijuana, and the
difficulties some patients have accessing it.

The way the federal program is structured, it makes criminals out of
people who grow or buy marijuana for medical purposes, even though
they've been unable to get the physician-supported licence they
qualify for.

Taliano called the current rules "constitutionally invalid and of no
force and effect," and gave Ottawa 90 days to make the necessary amendments.

"It makes more sense to concede defeat, surrender and come up with
something that really helps Canadians," said Alan Young, the Toronto
lawyer who's been involved in several challenges to the federal
cannabis law.

Young is right. The federal government created this program in 2000 to
allow the use of medical marijuana. Having given people that right, it
can't put roadblocks in their way and make them criminals for doing
so.

The answer is clear: Provide physician support and fix the law so
patients can legally purchase or grow the marijuana they need.