COMPASSION CLUBBED

Health Canada Sniffs At Court Ruling That Was Supposed To Open The Door For
Growers

Imagine city hall just deciding not to grant marriage licences to gay
couples in Ontario even though there was a court order demanding they do
so. Health Canada is doing just that to medical marijuana users. Health
Canada, despite the recent Court of Appeal decision to make medical
marijuana more available, isn't budging.

Last month, when the court tinkered with the medical marijuana access
regulations to make them constitutional in a way that medicinal marijuana
activists thought beneficial, I struck faster than the stereotypical
pothead lunging for that last roach.

Quickly, I resubmitted an application for a compassion club, or multi-grow
licence, from Health Canada's cannabis medical access drug strategy and
controlled substances program. It was the day after the unanimous Court of
Appeal decision, and the media was indicating that the ruling would
guarantee a seal of approval for my kind of application.

Within 72 hours I had a decision regarding my attempt to supply the Niagara
region's terminally and chronically ill with medicinal pot. Denied.

How could it be? After all, the decision said in part that "...There are a
number of people who already have a source of marijuana and wish to engage
in a compassion supply of it to those in medical need. It may be not all of
these people would satisfy the requirements to become (federally licensed
cultivators). However, we are satisfied that, on record, enough would do so
that taken together with existing Designated Production Licence holders,
the DPL mechanism as modified could then provide a licit supply to
(qualified patients)... (who) would no longer need to access the black
market to get the marijuana they need."

The decision, by the way, changed an earlier possession ruling that allowed
people to toke in the streets. The police immediately went out and started
popping tokers left, right and centre. But Health Canada hasn't reacted at
all to the ruling and is being extremely obtuse about how it intends to
proceed.

Trying to wade through Health Canada's red tape, I sought the assistance of
my local MP, Walt Lastewka, with whom I've been corresponding regarding the
benefits of medicinal marijuana. Now was the time to smoke the fruits of
this relationship.

Even though he's a Paul Martin supporter, against gay marriage and
medicinal and recreational marijuana use, his constituency assistant, Mike
Haines, put in a phone call on my behalf to Valerie Lasher, director of the
cannabis medical access program. Shortly after, Haines left a message on my
answering machine.

"Basically, the lawyers for Health Canada are reviewing the decision, but
she (Lasher) seemed to indicate that the court decision had no impact on
the legality of compassion clubs. In her opinion, nothing has changed.
They're indicating that compassion clubs are still operating outside of the
law."

Obviously, apathy or stonewalling is policy at HC. Even Health Canada media
spokesperson Cathryn Saunders adds that "we have until December 5 to
determine if we are going to appeal the decision. Until that point, we are
going to assess the implications before we can comment."

Marijuana activist and Osgoode Hall law professor Alan Young responded to
their statement by saying, "If they say they're not implementing (the
decision), they are in contempt of court. Period. It's as simple as that.
They may interpret (the Court of Appeal case) in an obstructionist manner
that requires us to go back to court, but they do not have the prerogative
to say they're not complying with (the decision). I'm shocked."

After taking some time to mull over the decision, Young says his whole
argument would have been different if he'd known the courts were going to
just make some random changes.

"If I knew those were the rules of engagement, I would've worked on a lot
more obstacles that are found in the access regulations. For example, no
one ever talked about the disqualification of people who have narcotic
convictions within the last 10 years from being producers. What a senseless
restriction. Some of the best growers who can supply some of the best
product for a sick person will unfortunately have a criminal record."

Young adds, "With medical marijuana, there doesn't seem to be the political
will ­ even though we have a directive based on the constitution. I've been
in court now four, five, times with Health Canada over these issues, and it
really has to come to an end. Health Canada has not demonstrated good faith."