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MEDICAL CANNABIS CLUBS AND GROWERS TO BE LICENSED
By Hempology | November 8, 2003
by Ted Smith
Court Decisions in Canada have challenged the prohibition of Cannabis since Terry Parker, a Toronto man with severe epilepsy, began arguing his case in 1986. Since that time numerous judges have attempted to protect sick and disabled citizens from the law and force Health Canada to regulate a supply of cannabis to them.
The recent decision by the Ontario Court of Appeal on October 7th, 2003 is considered to be the most favourable in Canadian medical cannabis history. This decision has become known as the “Hitzig decision” named after one of the applicants, Warren Hitzig, the founder of the Toronto Compassion Club, who was arrested by police in August, 2002.
The judges struck down four sanctions of the Medical Marijuana Access Regulations.
This decision, in effect, opens die door for medical buyers’ clubs to legally protect the growers and suppliers, while making it easier for applicants by eliminating the need for a second doctor. On the other hand, the technicality which had their possession of cannabis thrown out of court in Ontario last January, has been fixed by this decision. In the meantime, die Supreme Court of Canada must make a decision regarding die Caine / Clay / Malmo-Levine case which was heard last May, while police continue to enforce the possession laws across die country. Many assume that immediately after the Supreme Court strikes down the possession laws, new laws which re-criminalize cannabis will be introduced by the federal government that will include a reference to the Medical Marijuana Access Regulations.
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