Canadians have the right to grow medical pot in their own homes, according to a Federal Court ruling that strikes down Ottawa’s decision to ban home growing as it moved to a commercial, mail-order system.
The court suspended its decision for six months to give Parliament time to respond.
A group of patients challenged the former Conservative federal government’s overhaul of the medical marijuana system in 2014, which prohibited home grow-ops and established a network of large commercial operations, which ship directly to patients.
The four plaintiffs in the case, all based in B.C., alleged the new rules violate their Charter rights, arguing can’t afford marijuana sold in the commercial system, which they also said doesn’t give them control over the specific strains they use.
Government lawyers argued that allowing individuals to grow is a security, fire and health risk for patients, their neighbours and children who may be exposed to the drug. As well, the government contended, it is too difficult to ensure the marijuana being grown is medically effective.
Many Canadians licensed to produce their own medicinal marijuana under the old system kept growing after the Federal Court judge granted an injunction to the four plaintiffs – and many others who were previously allowed to grow at home – in March 2014, pending the outcome of this legal challenge.
Since the case began, illegal dispensaries have exploded in cities such as Vancouver, Victoria and now Toronto, with dispensary advocates and some patients making similar arguments about why they don’t want to use the federally regulated system.
The federal Liberals have committed to regulating and legalizing recreational marijuana but have said little about their plans for medical marijuana since being elected.
The court suspended its decision for six months to give Parliament time to respond.
A group of patients challenged the former Conservative federal government’s overhaul of the medical marijuana system in 2014, which prohibited home grow-ops and established a network of large commercial operations, which ship directly to patients.
The four plaintiffs in the case, all based in B.C., alleged the new rules violate their Charter rights, arguing can’t afford marijuana sold in the commercial system, which they also said doesn’t give them control over the specific strains they use.
Government lawyers argued that allowing individuals to grow is a security, fire and health risk for patients, their neighbours and children who may be exposed to the drug. As well, the government contended, it is too difficult to ensure the marijuana being grown is medically effective.
Many Canadians licensed to produce their own medicinal marijuana under the old system kept growing after the Federal Court judge granted an injunction to the four plaintiffs – and many others who were previously allowed to grow at home – in March 2014, pending the outcome of this legal challenge.
Since the case began, illegal dispensaries have exploded in cities such as Vancouver, Victoria and now Toronto, with dispensary advocates and some patients making similar arguments about why they don’t want to use the federally regulated system.
The federal Liberals have committed to regulating and legalizing recreational marijuana but have said little about their plans for medical marijuana since being elected.
