The Conservative government's plan to halt the growing of medical marijuana for personal use on March 31st 2014 and forcing patients to purchase their medical weed from Health Canada's commercial growers had a setback Friday March 21st when a federal judge issued an injunction exempting anyone currently licensed to grow to continue past the deadline.
Judge Michael Manson issued an injunction exempting patients who are licensed to possess or grow medical marijuana under the current rules, either for themselves or for someone else, from new regulations that would have made the practice illegal.
A group of medical marihuana patients are represented by John Conroy,a BC lawyer behind a constitutional challenge and have asked for an injunction to preserve the status quo until their legal case goes to trial.
Under the terms of the injunction,patients who were licensed to grow marihuana as of September 30 2013 may continue to grow past the deadline that Health Canada had stated. Participants in the program are restricted to possessing 150 grams of dried marihuana which is the limit set by the new regulations the decision says. Health Canada had warned that any patients licensed to grow pot who didn't confirm they had destroyed their plants would be reported to the police.
Health Canada had sent out letters last year to Medical Marihuana Access Program (MMAP) participants announcing the new proposed changes to the Medical Marihuana Access Regulations (MMAR) and inviting medical marihuana growers to apply for a commercial license.
Health Canada had also sent out letters with identifying information pertaining to the participants in the MMAP and their association with the Health Canada Medical Access Program and had sent the contact letters through regular mail services instead of private services that were always used for contact prior to the privacy breach. This is the third time Health canada has allegedly violated Federal Privacy Laws.
Read the Your Pal Al blog post here and be sure to follow the class action suite filed against Health Canada with us here.
A trial on the constitutional argument has not been scheduled, though it is expected to take place within nine to twelve months.
John Conroys website link : Conroy & Company
John Conroys MMAR Coalition informational video link : MMAR Coalition
MMAR litagation information link : MMAR Litagation