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Court decision could open the door for talented horticulturists

By Hempology | January 16, 2008

Edmonton Sun, AB
13 Jan 2008
Brookes Merritt

POT ‘NOT EASY TO GROW WELL’

New Ruling Means Sick Get Better Access: Local Marijuana Activist

A local marijuana activist says ailing Edmontonians should have easier access to the prehistoric herb now that a “barbaric” federal pot law has gone up in smoke.

Former mayoral candidate Dave Dowling – president of Edmonton’s Holy Smoke compassion club, which has about 100 members – said a recent federal court ruling against the government’s medical marijuana program means those allowed to grow pot for themselves can now sell it to more than just one person.

Prior to the ruling patients with Health Canada’s permission to use pot had to grow it themselves, buy it from a government contractor, or buy it from another certified user – who could only sell to one person.

On Thursday, Judge Barry Strayer determined the single-sales restriction unconstitutional because it is “unnecessarily restrictive” and causes “major difficulty with access.”

Dowling said the ruling is “yet another case where a judge has upheld the public’s wish that access to marijuana be made a lot easier.”

He has federal permission to grow up to 49 pot plants for himself and one other person.

Dowling eats and smokes pot to control chronic pain caused a back injury and nerve damage in his right hand following an knife injury at home.

“The red tape through Health Canada is horrendous,” he said.

“Meanwhile, people who could benefit from it are suffering because those who know how to properly grow it are only allowed to sell to one person.”

Dowling said the court decision could open the door for talented horticulturists to supply several medicinal users at a time.

“Trust me, it’s not easy to grow well.  I have 49 plants and don’t know much about it.  I use all of my plants and get a very modest harvest.  Having someone who knows what they are doing provide this to others would be a far better system.”

Dowling said he would like to see the drug legalized and taxed, which is something Toronto lawyer Alan Young – another noted pot activist – condones.

Young expects the Crown will appeal the recent ruling but believes Ottawa is ultimately biding its time until drug companies can come up with a pot product and move into the market.

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