CURTAIN CLOSES ON ONTARIO'S SUMMER OF LEGALIZATION

Court Ruling Reinstates Possession Law, Loosens Medical Marijuana Rules

Canada continues to stagger down the twisted path toward marijuana law
reform like a drunken sailor.

After an Ontario Court of Appeal combined ruling Tuesday on a set of
related cases, residents of Canada's most populous province who last
week could possess and smoke small quantities of marijuana without
penalty are now once again criminals.

The ruling overturned a lower court decision in April invalidating
Canada's marijuana possession laws because they failed to accommodate
medical marijuana users.

To be more precise, the appeals court actually upheld a lower court's
finding that the medical marijuana regulations were unconstitutional
because they failed to provide patients with a legal source for their
medicine. But where the lower court thus invalidated the marijuana
possession law, leaving it up to parliament to craft a new one if it
so desired, the Ontario Court of Appeals simply fixed the problem itself.

It threw out portions of Health Canada's Medical Marijuana Access
Regulations (MMAR) it deemed too onerous, thus satisfying itself that
the marijuana possession law was once again valid.

The MMAR, which have drawn criticism from patients and providers, were
Health Canada's attempt to satisfy a 2000 Ontario court ruling
invalidating the marijuana possession laws because they didn't
adequately provide for medical marijuana usage.

But the court did agree that during the time between the Rogin ruling in
April, and the issuance of its ruling Tuesday, Ontario had no marijuana
possession law. Similar court rulings in Prince Edward Island and Nova
Scotia remain in effect. Meanwhile, as marijuana wobbles between legality
and illegality in the provincial courts, the federal government of Prime
Minister Jean Chretien continues to push its marijuana decriminalization
bill. And looming over everything is a pending Canadian Supreme Court
decision in a set of cases that directly challenge the government's right
to criminalize recreational pot possession and use.

"This narrow remedy would create a constitutionally valid medical
exemption, making marijuana prohibition... immediately
constitutionally valid and of full force and effect and removing any
uncertainty concerning the validity of the prohibition," Ontario's
appeals court held Tuesday in a 3-0 decision. "...This case is not
about the social and recreational use of marijuana, but is about those
with the medical need to use marijuana to treat symptoms of serious
medical conditions. Exposing these individuals to the risks [of the
black market] does not advance the objective of public health and safety."

While the decision is a judicial rebuff of efforts to gain
legalization of recreational use by piggy-backing on the medical
marijuana issue, it appears to open the door to licensed commercial
medical marijuana cultivation and distribution by private individuals
or the "compassion clubs" that have already sprung up around the country.

The appeals court ordered Health Canada to remove MARR provisions that
barred licensed growers from being paid for their pot, from growing
for more than one patient at a time, and from working together with
other growers.

The court also gutted the requirement that patients get
recommendations from two doctors, calling it "redundant."

"This was a good decision in the sense that they've cut restrictive
regulations," said Vancouver attorney and Canada NORML (web site at
http://www.iowatelecom.net/~sharkhaus/ temporarily) head John Conroy,
"but it was disappointing in that we can't say it's legal anymore.

This decision also makes clear that the government was effectively
condoning the black market supply of marijuana to patients.

Anyone who has been arrested in connection with black market medical
marijuana shouldn't be charged or the charges should be stayed or
there should be an absolute discharge," he told DRCNet.

Conroy's American counterpart, NORML (http://www.norml.org) head Keith
Stroup was singing a similar tune. "People should not be discouraged
by the fact that prohibition is back in Ontario," Stroup told DRCNet.
"It is disappointing that marijuana is still prohibited in Canada, but
it is a positive thing that they declared the MMAR invalid.

Now, maybe the medical marijuana program can work more efficiently
under these less onerous guidelines. In fact, one can hope that it
might begin to be run in the manner envisioned by the court -- to
provide assistance to seriously ill patients."

Brian MacAndrews of Cannabis Health magazine (http://www.cannabishealth.com),
a Grand Forks, British Columbia, publication devoted to medical
marijuana issues, told DRCNet the ruling was getting a mixed reaction
from medicinal users and providers. "Some say they like it because it
makes things a little easier for growers and users," he said. "It's a
nice little step in the right direction.

But what we're really looking for is complete repeal of an ancient and
unworkable law. Let's not talk about legalization; let's talk about
repeal of a bad law and abolishing prohibition."

So things stand in Canada this week. Pot possession can get you
arrested again in Ontario, but things are a little better for medical
marijuana.

Now it's up to parliament to act on Chretien's decriminalization bill
or the Canadian Supreme Court to issue its decision in the
Malmo-Levine/Clay/Caine set of cases that challenge the right of the
state to criminalize the weed.

"Now we wait for Malmo," said Conroy. "I hope it comes down soon."
That ruling could come down any time, he said, but probably not before
Christmas.