POT LAW CHANGES OFFER PAIN RELIEF

The Ontario Court of Appeal cleared at least some of the smoke this
week in the controversial issue of marijuana possession. While the
decision dashes the hopes of users who wanted the drug as readily
available as cigarettes, the court's ruling improves access for those
who need marijuana for medicinal purposes.

The court restored a federal narcotics law making marijuana possession
a criminal offence. But at the same time, it removed some restrictions
in the Marijuana Medical Access Regulations. The court found these
portions unconstitutional because they forced participants in the
program to either grow their own pot or buy it on the black market.

The court's decision is sensitive and sensible. By making it easier
for medicinal users to obtain a safe, legal supply of the drug --
without making pot smoking legal across the board -- the ruling
restores the constitutionality of the federal law in a common sense
manner.

But at the same time, the ruling presents the federal government with
some challenges that must be answered. The authorities must ensure
that the supply for medicinal purposes is not only sufficient but of
an acceptable quality at a reasonable price. The estimated 500
Canadians who are now licensed to grow the plant may now be paid for
the marijuana they produce, grow the product for more than one user
and pool resources with other licensed producers.

Advocates for medicinal users are, of course, pleased with the turn of
events. Alan Young, a Toronto law professor who represents a Kitchener
woman and other medicinal-marijuana users, predicts that large-scale
growing operations might soon be established. Warehouses growing
thousands of marijuana plants could significantly lower the cost of
the drug, he said.

But at the same time, making the drug a legitimate cash crop will
require increased vigilance by authorities to ensure that the product
ends up in the hands of those who need it, and not on the black market.

Marijuana advocates may be back to Square 1 in their fight for
legalization of the weed, but those who use the drug to control pain
have scored a victory. By combining both common sense and compassion,
the Ontario Court of Appeal has not only recognized the needs of a
vulnerable group but made it possible for them to obtain relief in a
safe, legal and, hopefully, economical way.