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 nowâ€, CBC News (21 March 2014) online: CBC News .
“Medical marijuana injunction appealed by federal governmentâ€, CBC News (31 March 2014) online: CBC News .
If these growers are licensed, they are known and their premises can be inspected at any time. Why they should be banned from growing is beyond reason. But then I suppose that’s true of most drug laws.
As Bill mentioned, these growers are licensed, and therefore obviously monitored. I don’t think there’s anything wrong with allowing those to continue to grow their own medical marijuana while debates continue in court. Especially with the prices to buy from commercial growers being so high, forcing those prices on growers who may not be able to afford it would greatly affect their day-to-day life. Further, the Federal government’s argument about the Charter not protecting those rights regarding producing at-home medication makes me wonder why this can’t be read into the Charter. It is for the health and safety and security of these people that they grow their medical marijuana at home, shouldn’t they be guaranteed fair access to it without having to pay street-rates for these drugs?
Disallowing individuals whom are licensed from growing marijuana for their own use is completely unconstitutional. Since these individuals are licensed, their operation is monitored and regulated. I feel that by forcing individuals to purchase their medicinal marijuana is a way for the government to get their cut by implementing taxes on the product sold by the commercial growers. I think that part of this issue stems from the fact that since marijuana is still so negatively stigmatized in society, despite its obvious medicinal benefits, the government feels the need to step in and control it. If these individuals are licensed, then I do not see the harm in them producing the product themselves.
The Government need to make a decision in order to what position they want to have to respect to the legality and use of the marijuana. The using of the marijuana for medical purposes, and the legalization of the drugs is one of the “greys areas†of the law. These are controversial area of the law, in which the society, government and even the law “experts†cannot find a consent position, or at least a majority one. Recently, Uruguay took a step forward and legalize the use of marijuana, and not only for medical purposes, but any.
Having that in mind, I think this is the real reason for these controversy about the licenses to grow medical marijuana at home for personal use. If the argument, for the users, is that the medical marijuana is expensive to buy from manufactures, and are not affordable, so I think the Federal Government need to provide this medical marijuana for no cost to all population who need it, included in all health plans. If not, we are in presence of a government, which in many levels, do not have a final and firm position about the medical use for marijuana.