The federal government is appealing a Federal Court decision to grant an interim injunction that allows those already licensed to grow medical marijuana at home for personal use to continue to do so while a constitutional challenge of Health Canada’s new Marihuana for Medical Purposes Regulations proceeds through the courts. The new regulations, which came into effect April 1, 2014, revoke the licenses to grow at home for personal use and ensure that medical marijuana can only be purchased from commercial growers by approved users. Judge Michael Manson’s interim injunction brings temporary relief to some 37 000 patients currently licensed. The medical marijuana users bringing the constitutional challenge argue that the new regulations violate their right to “security of the person” under the Charter of Rights and Freedoms. Commercial growers charge from $3.00 to $13.50 per gram. The plaintiffs argue it is much cheaper to grow their own supply and that, in effect, the new regulations deny them access to affordable medication. The federal government, on the other hand, argues that the Charter cannot be interpreted to guarantee a person’s right to produce home-made medication.
By: Melissa Wixson
“Medical marijuana users can grow at home, for now”, CBC News (21 March 2014) online: CBC News .
“Medical marijuana injunction appealed by federal government”, CBC News (31 March 2014) online: CBC News .