

Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Friday, February 12, 2010
Source: Vancouver Sun (CN BC)
Contact: sunletters@vancouversun.com
Website: http://www.vancouversun.com/index.html
Author: Kim Bolan
RCMP study cites 70 cases of abuse of medical marijuana licences
By Kim Bolan, Vancouver SunFebruary 12, 2010 2:14 AM
An RCMP review of medical marijuana licences found 70 cases across the country of holders violating the terms of their licence agreements.
The 2009 report said that in 40 of the cases, those with permits for medical pot production were trafficking excess marijuana to make a profit, RCMP Cpl. Dan Weatherby said Thursday.
Weatherby said he couldn't release a copy of the criminal intelligence brief on medical marijuana because it is classified.
But he quoted statistics from the national study, which raised a series of police concerns about medical marijuana licences.
Just this week, Penticton RCMP's Drug Section raided a property near Okanagan Falls and found two loaded guns and three growing licences, and much more pot than the licences permitted.
The three names on the licences had a very remote link to the property and two other men were arrested and are expected to face charges, police said.
Weatherby, who's with the Coordinated Marijuana Enforcement Team, said police have concerns about the way medical marijuana licences are issued.
He said the report proved that some "permit holders were growing marijuana for medicinal purposes and then they were selling the excess for personal gain."
But because of privacy laws, Health Canada cannot share information about licence holders with police, Weatherby said.
"The privacy act does not allow Health Canada to make a list of licence holders available to the police," he said. "We can't find out how many are in the Lower Mainland. They won't release that."
As of last month, there were 4,869 people across the country with permits to possess medical marijuana, 1,368 of them in B.C.
And there were 1,137 people across Canada licensed to produce medical marijuana. Health Canada would not say how many are in B.C.
Health Canada media officer Philippe Laroche said applicants for the licences must produce documentation that they haven't had a criminal conviction for a drug offence in the last decade.
But Weatherby said the RCMP study found six medical marijuana licence holders did in fact have drug charges or convictions on their records.
The RCMP study also found that "in the majority of the cases involving production and trafficking marijuana exceeding the terms of the permit, the licence holder was not arrested, charged or convicted," Weatherby said.
The report recommended more comprehensive criminal background checks before permits are issued, "considering the number of cases of licence holders with prior convictions for drug related charges."
It said there was only one Health Canada inspector for every 257 licences on average, making monitoring of the permit holders extremely difficult.
"More inspectors should be dedicated to overseeing medical marijuana and have increased authority to ensure licence holders are respecting the terms of their permits," the report said.
Weatherby said another problem is that Health Canada greatly underestimates marijuana yields per plant, saying one marijuana plant produces 45 grams of dried pot.
--
Webpage:
http://www.timescolonist.com/news/todays-paper/Marijuana+baker+hoping+court/2309478/story.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Sunday, December 6, 2009
Source: Victoria Times-Colonist (CN BC)
Contact: letters@tc.canwest.com
Website: http://www.timescolonist.com/index.html
Author: Joanne Hatherly
Marijuana 'baker' hoping for a day in court
Pot activist admits his kitchen isn't authorized by Health Canada
By Joanne Hatherly, Times Colonist
A Victoria marijuana advocate is ready for a court fight, but he may not get one.
An apartment-based marijuana "bakery" that was raided by police on Thursday is linked to
the Cannabis Buyers Club of Canada (CBCC), founded by marijuana advocate Ted Smith.
Whether charges will be laid, and who would face those charges, might depend on whether
the apartment is licensed by Health Canada.
Smith said the apartment's kitchen was used to bake cookies, edible products, and
produce skin products with marijuana as an ingredient, which are then sold at Smith's
828 Johnston St. office. He confirmed that he does not have Health Canada authorization,
saying that Health Canada licenses only marijuana cultivation.
A Health Canada representative did not return a call for clarification on the
regulations. However, the Health Canada website referred to licensing for growth and
production of marijuana.
Police responded to a complaint from residents in the Chelsea at 865 View St. about a
"skunky smell" and possible drug activity on Thursday afternoon. After the first visit,
they obtained a search warrant and returned to seize an undisclosed amount of hashish,
hashish oil and marijuana. They arrested one man and later released him. No charges have
been laid.
Smith said he sells about a kilogram of marijuana a day. Matthew Muise, 24, a CBCC
member and worker, said 28 grams sells for between $140 and $200.
Marijuana cookies cost 75 cents. No figures were given on how many cookies are sold, but
bagged marijuana sales would range between $1.8 million and $2.6 million a year. Smith
said about a dozen CBCC members operate the site.
Smith said his office has been raided four times since 2002, and he has spent about
$20,000 in legal fees. He said the raid affected supply, but added he would scout for
new sites.
Victoria police spokesman Sgt. Grant Hamilton said the investigation is still in
progress and police will consult with Crown counsel as to whether charges will be laid
for drug possession or trafficking, which would depend on whether the apartment was
licensed for marijuana production.
Smith has been convicted twice for drug-trafficking and possession.
The Cannabis Buyers Club of Canada has been raided four times and withstood 11 charges,
all of which have been stayed, dropped or overturned on appeal.
Sue Ransom, 49, a courier driver, said she needs marijuana cookies to manage pain from a
15-year-old skiing injury. She maintains she's a safe driver and the cookies do not
affect her judgment. She started using marijuana cookies in 2001.
"I cannot drive without eating my cookies," Ransom said. "I really need my cookies."
However, Alan Campbell, director of mental health and addiction services for the
Vancouver Island Health Authority, was cautious about ingesting medicinal marijuana that
is produced outside of any regulatory agency and without physician supervision.
"A doctor would be able to advise whether driving a piece of equipment is acceptable
with the dosage levels," Campbell said.
Webpage:
http://www.edmontonjournal.com/news/todays-paper/Proposed+drug+crime+would+burden+system+senate+told/2244842/story.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Friday, November 20, 2009
Source: Edmonton Journal (CN AB)
Contact: letters@thejournal.canwest.com
Website: http://www.edmontonjournal.com/index.html
Author: Laura Stone, Canwest News Service
Proposed drug crime law would burden system, senate told
By Laura Stone, Canwest News Service
A federal bill that would impose mandatory jail time for serious drug crimes would
increase the workload of the parole system, and the government intends to inject more
than $100 million over five years to ease the burden, according to the commissioner of
the Correctional Service of Canada.
Commissioner Don Head said at a Senate committee hearing Thursday that if the bill is
passed, CSC will receive an additional $116.5 million over the next five years to
support an expected increase in cases for the National Parole Board.
The parole board supervises both federal offenders who are sentenced to two years or
more, and provincial offenders in some provinces.
Under the proposed legislation, mandatory sentences would be handed out to everyone
convicted of a serious drug offence, such as trafficking, production, and possession for
the purpose of trafficking narcotics.
A person who grows five to 200 marijuana plants with intent to sell would get a minimum
six-month sentence.
An addict selling heroin to fellow addicts near a park could go away for two years.
Head said that while there's no evidence that federal prison populations will increase
with mandatory sentences, provincial institutions likely will be affected by the
proposed changes outlined in the Conservative government's Bill C-15, which is now being
debated in the Senate.
"There's going to be some impact in terms of (provincial) sentence populations and (the
provinces) will have to re-visit their approach to providing programs to provincial
offenders," Head said after his testimony.
BC: Protest over plan to evict pot user
http://www.theprovince.com/Protest+over+plan+evict+user/1957636/story.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Thursday, September 3, 2009
Source: Province, The (CN BC)
Contact: provletters@theprovince.com
Website: http://www.canada.com/theprovince/
Author: Katie Mercer
Protest over plan to evict pot user
Double-amputee, who used medical marijuana, died last week
By Katie Mercer, The Province
Friends of Marilyn Holsten held a "memorial protest" Wednesday to remember her -- and
demand the social housing she lived in has a rethink.
"I just want a change in the rules. It's the most reasonable demand I've ever made at a
rally," pot activist Marc Emery said at the gathering of around 75 people.
Holsten -- an almost-blind, diabetic double-amputee -- was to be evicted from her
Vancouver apartment at the end of September, but died of a heart attack last week.
The 48-year-old lived in a building operated by Anavets Senior Citizens Housing Society.
The eviction was prompted after two neighbours complained about the smell of the medical
marijuana she used to deal with excruciating phantom-limb pain.
Emery and his wife, Jodie, had donated a $750 Volcano vaporizer to Holsten to eliminate
the smell.
They also hired a lawyer for her B.C. Residential Tenancy Branch arbitration hearing in
June, which she attended via telephone, but lost.
Emery, who organized the rally, said he is disappointed that Anavets would evict Holsten
based on smell -- yet allows residents to smoke cigarettes inside the building.
Ottawwa funds research to study link between marijuana and mental illness
http://www.winnipegfreepress.com/local/ottawa-funds-research-to-study-link-between-pot-mental-illness-53673772.html
Pubdate: Wednesday, August 19, 2009
Source: Winnipeg Free Press (CN MB)
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Author: Larry Kusch
Ottawa funds research to study link between pot, mental illness
By: Larry Kusch
GETTING high on pot can be a real bummer for your mental health, the Harper government
warned on Tuesday.While the public regards marijuana as a "soft" drug, there may be
"very serious consequences" for young pot smokers who have a predisposition to mental
illness, Winnipeg Conservative MP Joy Smith said Tuesday.
"Science has shown that cannabis may actually trigger the onset of psychosis and may
also intensify the symptoms for those who already have a psychotic illness," Smith
(Kildonan-St. Paul) said in announcing a grant of more than $550,000 to the
Schizophrenia Society of Canada.
"It has been suggested that up to 80 per cent of youth who have had a psychotic episode
were using cannabis. And that's pretty shocking," Smith, pinch-hitting for Health
Minister Lenona Aglukkaq, told a Winnipeg press conference.
The schizophrenia society will use the money to further research the links between
cannabis and "early psychosis" as well as develop materials warning youth about the
dangers of smoking pot.
The money is part of Ottawa's $30-million national anti-drug strategy, announced in
2007.
Chris Summerville, CEO of the Schizophrenia Society of Canada, said the public doesn't
realize cannabis users have a sevenfold increase in risk of developing schizophrenia. He
pointed to recent research out of Victoria, B.C., linking pot smoking and mental
illness.
The grant of $559,370 is the largest Health Canada has ever provided to the society, he
said.
As part of the society's research, some 30 youths who have experienced psychosis will be
trained to gather information about the reasons their peers use cannabis. The results
will be used to develop educational materials aimed at decreasing the use of illicit
drugs among young people.
Medical pot operation leaves Flin Flon
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Tuesday, July 21, 2009
Source: Globe and Mail (Canada)
Contact: letters@globeandmail.com
Website: http://www.theglobeandmail.com/
Author: Canadian Press
The Canadian Press
http://www.theglobeandmail.com/news/national/medical-pot-operation-leaves-flin-flon/article1225441/
Flin Flon has lost its title as Canada's medical marijuana capital.
Prairie Plant Systems, the Saskatoon-based company contracted to produce a supply of
medical marijuana for Health Canada, left the city June 30 after producing pot in an
underground mine there for the better part of a decade.
The company did not return a call seeking comment but a spokesman for Hudson Bay Mining
and Smelting, which rented out part of its Trout Lake mine for the grow operation,
confirmed the deal with PPS has ended.
"Our understanding is they moved to another location to accommodate Health Canada's need
for them to move to a larger facility," he said.
A Health Canada spokesman would not say where the operation has moved "for security
reasons."
BC: Phone call leaves tenant out in cold
Webpage:Join us for Cannabis Day at the Dartmouth Commons, July 1st @ 1:30

Canada's 'Prince of Pot' at war with US drug war
http://www.google.com/hostednews/ap/article/ALeqM5i4JOyK2cvOGaIGLssoUpOWHmF2IQD98HL4QO0
VANCOUVER, British Columbia (AP) — Psychedelic rock booms through The Vapour Lounge. In the store, young and some not-so-young people smoke pot through a variety of devices. And owner Marc Emery stands in the middle of it all, proclaiming his goal of defeating the U.S. war on drugs.
Known as the Prince of Pot, Emery has sold millions of marijuana seeds around the world by mail over the past decade. In doing so, he has drawn the attention of U.S. drug officials, who want him extradited to Seattle. Emery has agreed to plead guilty in Seattle to one count of marijuana distribution in exchange for dismissal of all other counts, and the U.S. District Attorney is pressing for a sentence of five to eight years in a U.S. prison.
The case is the latest twist in Emery's two-decade-long fight against the prohibition of marijuana in North America. To his supporters, he is a brave crusader for the use and sale of a drug with both recreational and medicinal value. To drug officials, he is a criminal and the biggest purveyor of marijuana from Canada into the United States.
Emery sits "right smack in the middle" of the North American debate over marijuana prohibition, said Allen St. Pierre of the National Organization for the Reform of Marijuana Laws in Washington, D.C. St. Pierre predicted that Emery's trial would "kick-start it all again."
But drug officials say they are simply going after one of the world's top 50 drug traffickers. U.S. authorities claim Emery's seeds have grown $2.2 billion worth of pot.
"We've been very clear it had nothing to do with Mr. Emery's political stand," said Emily Langlie of the U.S. District Attorney's Office in Seattle.
Emery himself, a two-time candidate for mayor of Vancouver who has never shied away from publicity, seems almost gleeful about the legal saga. He calls it the greatest platform he could have in his crusade, and his Facebook page notes that these days he hums the chorus from Canadian musician Baron Longfellow's "I'm Going to Need a Miracle Tonight". He predicted he will be in a U.S. jail by August, and will then ask supporters to push for his transfer to a Canadian jail.
"I do have millions of supporters in the U.S. and Canada," he said, unburdened by false modesty. "It's my job as leader of the cannabis culture to thwart the United States government."
___
Emery, 51, was a teen when he started selling banned pro-marijuana literature in Vancouver. He did the same in London, Ontario, including on the steps of a police station, hoping to be arrested and have his day in court. Returning to Vancouver in 1994, he set out to start a "hemp revolution business," and opened a store called Hemp B.C. in the firebombed shell of a Communist bookshop in what is now known as Pot Block.
He sold marijuana seeds and used the money to fund his campaign against pot prohibition.
"It rapidly expedited cash flow. No one else in North America was doing it," he said.
Emery took in up to $2.6 million in seed sales per year. He claims to have sold more than four million seeds, three-quarters of those to customers in the U.S.
He says he has been arrested 21 times and jailed 17 times. In 2004, he was convicted in Saskatoon, Saskatchewan for passing a joint, and spent three months behind bars.
In Vancouver, however, he says police have for years chosen to ignore his business. He claims federal Canadian officials have even suggested people contact him to buy seeds for medical marijuana. Furthermore, Emery says, he has paid almost $500,000 in Canadian income tax since 1999. He says his seed sales funded half the activities of the pro-marijuana movement in Canada between 1995 and 2005, and up to 10 percent of the U.S. movement.
The marijuana debate is still wending its way through communities and courts in the United States. Federal law prohibits the possession of marijuana, even for medicinal purposes. However, the states have different laws and penalties.
In Canada, cultivation is illegal except for medical use, and a campaign to legalize it is under way nationwide.
However, Prime Minister Stephen Harper takes a tough stance and wants mandatory minimum jail sentences for dealers and growers. And Emery is having trouble getting the City of Vancouver to re-licence his stores, which include The Vapour Lounge, a cafe, a convenience store and the studios for Pot TV. Vancouver is suffering a string of killings over cocaine from Mexico, sometimes bartered for homegrown marijuana.
___
Emery's latest brush with the law began on July 29, 2005, when Canadian and American drug enforcement officers nabbed him along with two employees of Emery Seeds — Michelle Rainey and Gregory Keith Williams.
Emery was arrested in Lawrencetown, Nova Scotia, and was returned to Canada's West Coast by U.S. Drug Enforcement Administration agents. Police raided Emery's Vancouver store, which doubles as the headquarters for the British Columbia Marijuana Party he leads.
It was the culmination of an 18-month investigation by American authorities. The DEA said at the time that Emery's business and his Cannabis Culture magazine generated $5 million a year to bolster his trafficking efforts.
"He's a drug trafficker, plain and simple," said the DEA's Rodney Benson in 2006. "Marc Emery is a significant threat to the United States."
The two employees have since pleaded guilty in U.S. District Court in Seattle to conspiracy to manufacture marijuana, law enforcement officials say. They have entered into a plea agreement and will be sentenced on July 17. They faced 10 years to life in prison, but prosecutors agreed to recommend two years' probation, Emery said.
According to a DEA statement, Rainey said in her plea that she sent seeds and growing instructions to customers at Emery's instruction. She said 75 percent of the customers were in the U.S.
Williams said he handled the phone orders and the wire transfer information, and also sold seeds directly to store customers. On numerous occasions in 2004, Williams sold seeds to an undercover agent, the DEA release said.
Jason Gratl of the B.C. Civil Liberties Association said Rainey and Williams were arrested to leverage Emery into surrender, and the charges against him could have disguised an ulterior motive.
"It appears the proceedings were initiated to quell certain quarters of the marijuana movement on both sides of the border," Gratl said.
Emery said he was willing to die in a U.S. jail for his cause.
"Dying as a victim of the state's cruelty would really help a person like me. The way you die is very important," he said. "Martin Luther King was killed and that's very important to his legacy."
His wife, Jodie, a former provincial Green Party candidate, snorted at this.
"I hate when he talks like that," she interjected. "I think it would be better if he continued the work he does."
Emery smiled, unrepentant.
"I had a very good reason for selling those seeds," he said. "I wanted to defeat the U.S. war on drugs."
(This version CORRECTS Corrects name of store from Toker's Bowl to Vapour Lounge)
New medical pot rule a bummer, advocates say
http://www.montrealgazette.com/news/todays-paper/medical+rule+bummer+advocates/1633656/story.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Wednesday, May 27, 2009
Source: Montreal Gazette (CN QU)
Contact: letters@thegazette.canwest.com
Contact: http://www2.canada.com/montrealgazette/letters.html
Website: http://www.montrealgazette.com/index.html
Author: Canwest News Service
New medical pot rule a bummer, advocates say
Canwest News Service
New federal regulations allowing designated medical marijuana producers to grow cannabis
for two approved users of marijuana - up from one - are a "slap in the face," advocates
said yesterday.
The changes, to be announced today, come nearly 16 months after a Federal Court judge
struck down the one-to-one ratio as unconstitutional and unnecessarily restrictive.
Alison Myrden, who has been a vocal advocate for medical marijuana users, said the
changes are an "outrage" and run contrary to the court's decision.
"None of us will settle for this," Myrden said. "This is so disingenuous of our
government, because we are sick and dying people. We'll have to go back to court again."
The old regulations restricted designated producers to growing cannabis for no more than
a single approved user of marijuana.
Federal Court Justice Barry Strayer ruled in January 2008 that the one-to-one
restriction is "arbitrary," not "rationally related to legitimate state interests" and
violates the principles of fundamental justice.
Instead of amending its regulations to permit larger-scale medical producers, Health
Canada appealed the decision.
The Federal Court of Appeal ruled against the government last fall without asking to
hear from lawyers representing 18 medical users in eastern Ontario. The government then
asked the Supreme Court of Canada to hear an appeal. The top court declined to do so, in
a decision released on April 23.
About 400,000 people in Canada use marijuana for medical reasons, according to evidence
presented in a case in British Columbia.
Regulations Amending the Marihuana Medical Access Regulations
http://gazette.gc.ca/rp-pr/p2/2009/2009-05-27/pdf/g2-14311.pdf
Registration
SOR/2009-142 May 14, 2009
CONTROLLED DRUGS AND SUBSTANCES ACT
Regulations Amending the Marihuana Medical
Access Regulations
P.C. 2009-746 May 14, 2009
Her Excellency the Governor General in Council, on the recommendation
of the Minister of Health, pursuant to subsection 55(1) of the
Controlled Drugs and Substances Acta, hereby
makes the annexed Regulations Amending the Marihuana Medical Access Regulations.
REGULATIONS AMENDING THE MARIHUANA
MEDICAL ACCESS REGULATIONS
AMENDMENT
1. Paragraph 41(b.1) of the Marihuana Medical Access
Regulations1 is replaced by the following:
(b) if the designated person would become the holder of more
than two licences to produce; or
COMING INTO FORCE
2. These Regulations come into force on the day on which
they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive Summary
Issue: Subsection 41(b.1) of the Marihuana Medical Access
Regulations (MMAR) stipulates that no person shall hold
more than one licence to produce. On January 10, 2008, the
Federal Court, in coming to a decision in Sfetkopoulos, Dora
et al v. AG of Canada (Sfetkopoulos), declared that subsec-
tion 41(b.1) is invalid on the grounds that it infringes on section
7 of the Canadian Charter of Rights and Freedoms (the Charter)
In his ruling, Justice Strayer found that the one
grower to one user ratio set out in this provision unjustifiably
limits the ability of authorized persons to access their marihuana
for medical purposes. This decision was confirmed in
appeal by the Federal Court of Appeal, on October 27, 2008.
Although the Government sought leave to appeal to the Supreme
Court of Canada (SCC) and a stay of the execution of
the Federal Court of Appeal decision, these requests were
dismissed on April 23, 2009, and subsection 41(b.1) became
invalid immediately. This has created a significant regulatory
void in that the Minister of Health no longer has the authority
to restrict how many licences to produce a designated person
can hold, and thus the size of some marihuana for medical
purposes production operations.
Description:
This regulatory initiative will amend the MMAR
by setting the limit on the number of licenses to produce a desig-
nated person can hold to two (2). This is an interim measure
intended to address the regulatory void created by the SCC’s
dismissal of the Government’s leave to appeal of the Federal
Court of Appeal decision, while the Marihuana Medical Access
Program (the Program) and the MMAR that underpin it
are reassessed. Such a review is required given that the Program
was never intended to facilitate the widespread, potentially
large-scale production of marihuana for medical
purposes.
Cost-benefit statement:
As will be described further below, marihuana cultivation
at any level is not without impacts in the form of
potential risks to public health, safety and security
of not only those persons directly involved, but also those living
at the same address, adjacent residential units, and/or in
the surrounding community. The most significant of these is
the risk that the larger scale production of marihuana for
medical purposes may facilitate diversion to the illicit market.
Government intervention to introduce a new limit on the number
of licences to produce a designated person can hold will
provide benefits by constraining the quantity of marihuana
produced for medical purposes under the auspices of the designated
person production licences issued under the MMAR.
Business and consumer impacts: While implementation of
this measure will result in increased administrative burden on
Health Canada, the increase will be minimal as systems and
processes to administer the MMAR are already in place. The
system currently used to track designated persons and authorized
persons will be updated.
While the introduction of a new limit on the number of licences
to produce a designated person can hold respects the
original intent of the Program, i.e., enabling Canadians with
life-threatening or chronic medical conditions to access a legal
source of dried marihuana for their personal use, the amendments
also provide authorized persons with more choice as to
how to obtain their legal supply.
That said, this incremental change may be seen by some authorized
persons, designated persons and/or marihuana legalization
advocates as an infringement of their rights under the
Canadian Charter of Rights and Freedoms, and may elect to
pursue legal challenges in this regard. This may impose costs
on the Government in the form of increased burden on law enforcement
and the court system.
Domestic and international coordination and cooperation:
This initiative underscores the Government’s commitment to
maintaining control over the production and distribution of
marihuana, as required by the Controlled Drugs and Substances
Act (CDSA) and the United Nations Single Convention
on Narcotic Drugs, 1961, to which Canada is a signatory.
It is expected that the International Narcotics Control Board
and United States law enforcement and regulatory counterparts
will be supportive of the amendments because they serve
to limit the amount of marihuana for medical purposes a designated
person can produce at one time, and thus the potential
for diversion to the illicit market.
Issue
Marihuana is included in Schedule II to the CDSA, and as such
is a controlled substance in Canada. The CDSA prohibits the possession,
possession for the purposes of trafficking, production,
importation, exportation, trafficking, and possession for the purposes
of exporting marihuana except as authorized by regulation.
The Marihuana for Medical Access Program (the Program) was
first established in 1999, and the authorization to possess marihuana
and/or cultivate a limited number of plants for medical
purposes was achieved via the issuance of exemptions under s.56
of the CDSA. In July 2000, however, the Ontario Court of Appeal
ruled (R. v. Parker) that the prohibition on the possession of
marihuana in the CDSA was unconstitutional because of the discretionary
way, i.e. via a s.56 exemption, in which individuals
were being authorized to obtain marihuana for medical purposes.
In response to the decision, the Government established the
MMAR, which set out a scheme by which any seriously ill Canadian
can, with the support of a medical practitioner, obtain an
authorization to possess marihuana for their own personal medical use.
Under the current MMAR, authorized persons have three options
in terms of procuring a supply of dried marihuana:
• they can produce their own supply under a Personal Use Production
Licence (PUPL);
• they can designate an individual to produce it on their behalf
under a Designated Person Production Licence (DPPL); or
• they can purchase dried marihuana from the Government of
Canada, who contracts a private company to produce marihuana for the Program.
While the Program was originally intended to authorize access
for a small number of persons, and was never intended to cover
the widespread production of marihuana in individual personal
residences, it has continued to grow in size since its inception. At
present, there are approximately 4000 persons authorized to possess
marihuana under the Program, and this number is expected to
grow to at least 6000 by 2011.
Of those approximately 4 000 authorized persons:
• 60% hold a PUPL;
• 10% access supply produced by a designated person on their
behalf;
• 20% purchase dried marihuana from the Government supply;
and
• 10% obtain dried marihuana from an unknown source.
It is also important to note that due to amendments to the
MMAR in 2005 that sought to introduce a greater sharing of the
responsibility between persons seeking to possess marihuana for
medical purposes and their medical professional in determining
an appropriate daily amount (dosage), an increasing proportion of
Program participants are being authorized to possess higher and
higher daily amounts of marihuana. Higher daily amounts translate
into larger crops for those authorized persons who also hold
PUPLs and/or for designated persons cultivating marihuana under
DPPLs. For example, approximately 20% of all PUPL-holders
and 28% of all designated persons are licensed to produce
25 plants or more, while 1% of all DPPL- and PUPL-holders are
licensed to produce at least 100 plants, a quantity that is similar to
what is routinely seen by law enforcement agencies investigating
illicit “grow ops.”
The invalidation of subsection 41(b.1), therefore, has the direct
result of impeding the Government of Canada’s ability to limit
the number of authorized persons for whom a single designated
person can produce marihuana, thus enabling a situation in which
individuals can be licensed to produce large numbers of marihuana
plants in “legal” production operations in the absence of
the tight controls applied to the production and handling of other
controlled substances regulated under the CDSA.
More specifically, this could result in large quantities of marihuana
being produced in unsuitable locations or environments,
thus potentially
• increasing the risk that marihuana produced for medical purposes
will be diverted to illicit markets; and,
• compromising the health of licensed persons, other inhabitants
of the same or neighbouring dwellings and/or surrounding
community members as a result of mould, infrastructure damage
and fire hazards associated with the cultivation of a significant
number of plants in a single location.
Health Canada has therefore elected to bring forward amendments
to the MMAR that restore a level of control on the amount
of marihuana for medical purposes production in Canada. In the
absence of such amendments, the Federal Court of Appeal decision
may result in the proliferation of large scale marihuana production
operations within the context of a program that was never
intended to allow more than the production of small amounts of
marihuana for personal medical use.
Objectives
The primary objective of these amendments is to address the
regulatory void caused by the Federal Court of Appeal decision in
Sfetkopoulos. Health Canada has elected to examine amendments
to the MMAR that restore some level of control on the size of
marihuana for medical purposes production operations designated
persons are allowed to establish. Marihuana is a controlled substance
in Canada and there is concern that in the absence of subsection
41(b.1) of the MMAR, the Program that is intended to
help Canadians who are seriously ill and/or suffering from debilitating
medical conditions will now facilitate the production of
larger quantities of marihuana that can be diverted to the illicit
market.
Description
The amendments will introduce a new limit on the number of
licences to produce a designated person can hold, and thus the
number of authorized persons they can supply. By instituting a
new limit of no more than two (2) on the number of licences to
produce a designated person can hold, the Government is still
respecting the original intent of the Program, i.e., allowing Canadians
with debilitating medical conditions to access a legal source
of dried marihuana for their own personal use.
It also restores some level of control over the level of marihuana
for medical purposes production in Canada. The amendments also provide
authorized persons with an additional supply through the option
of selecting a designated person who already holds one licence to
produce.
Regulatory and non-regulatory options considered
The dismissal by the SCC of the Government’s application for
leave to appeal the Federal Court of Appeal decision invalidating
subsection 41(b.1) of the MMAR has signaled the need to revisit
the overall Program as well as the Regulations that underpin it.
To be specific, the regulatory regime, which was originally designed
to meet the need of a small number of persons producing
only small quantities of marihuana under personal production
licences, was never intended to regulate larger production operations
which may result from the lifting of the restriction on the
number of marihuana for medical purposes licences to produce a
single designated person can hold.
Three options were considered in addressing the issue.
The first option involves taking no action in response to the invalidation
of subsection 41(b.1) of the MMAR. However, such a
response would not mitigate the potential risk of diversion, or the
potential health, safety and security risks that may result from the
unsafe levels of production of marihuana for medical purposes in
an under-regulated environment.
The second option would make an incremental change to the
MMAR in order to allow designated persons to supply more than
one authorized person but not more than two authorized persons.
Because this option only requires a relatively simple regulatory
change, the advantages of pursuing it are that it allows for a
timely response to the court decision. It also re-introduces some
level of control on the amount of marihuana produced for medical
purposes while minimizing the impact on authorized persons. It
also recognizes that doubling the designated person to authorized
person ratio may simplify growing for co-located authorized persons
who are also PUPL holders, e.g. spouses living in the same
household, and may result in reduced production costs for some
designated persons.
The disadvantages of this option are that it may result in Health
Canada receiving and having to process an increased number of
applications from current authorized persons looking to modify
their supply arrangements, and may also result in Health Canada
having to generate an increased number of licences to produce to
designated persons. It may also increase the number of new applications
from prospective authorized persons as some people may
associate the change with an opportunity to join the Program.
The third option examined in response to this issue would
involve the establishment of a new licensing regime for entities
interested in being involved in larger scale marihuana production,
including for example, comprehensive requirements such as label-
ling, security, record-keeping, etc., similar to those in place for
the production and handling of other controlled substances.
While this option offers the most thorough response to the
court decision, the policy development work and stakeholder
consultation required to establish a suitable framework would be
extensive. Thus, this option would not provide a timely response
to the SCC’s dismissal of the Government’s application for a
leave to appeal the decision in Sfetkopoulos.
Given the time sensitivity and the minimal impacts of the second
option, Health Canada has selected it as an interim measure
while a broad review of the Program and the MMAR is undertaken.
Benefits and costs
The cost-benefit analysis pertaining to this proposal has been
conducted with the assumption that failing to control the level of
marihuana for medical purposes production will lead to increased
risk to public health, safety and security. Quantification and/or
monetization of these impacts is, however, limited by the availability
of quantitative data.
Benefits
In general, social benefits are not limited to reductions in expenses
or increased earnings but also include non-monetary gains
to society such as avoiding the pain and suffering of illness. In
this regard, they can be assessed and measured in terms of
avoided social losses.
The two main groups within the Canadian public who will
benefit from the amendments are authorized persons and other
Canadians.
Because the amendments will enable designated persons to
hold more than one licence to produce, some authorized persons
may benefit by having more choice as to who to nominate as their
designated person.
Canadians may benefit from tighter controls on the production
of marihuana for medical purposes because of a potential
reduction in the risk of marihuana for medical purposes being
diverted to the illicit market, and property damage and/or
fire hazards associated with the production of a significant
number of marihuana plants in one location.
Costs
The ability to supply up to two authorized persons may result
in a small “economy of scale” for some designated persons and
this may, if anything, decrease the overall production price for
marihuana and therefore the cost to authorized persons. In this
regard, there is not expected to be any changes to the costs facing
authorizing persons.
The incremental costs to Government associated with the proposed
amendments are those related to minor administrative system
adjustments that are required to deal with tracking which
authorized persons are being supplied by each designated person,
and costs associated with the increased burden on law enforcement
and the court system. These costs will be absorbed using
existing resources.
Overall, the incremental costs of these amendments on society
are expected to be negligible. There is also, given the nature of
the MMAR, no anticipated impact on competition or domestic/
international trade.
Rationale
Without a reasonable limit on production by designated persons,
the current street price for marihuana, e.g. $10-15 per gram,
may encourage the potential establishment of “grow-op” size
crops and the considerable potential that marihuana being produced
for medical purposes may be diverted to the illicit market.
Given that the Federal Court of Appeal did not provide any dir-
ection as to the number of licences to produce a designated person
should be able to hold, the incremental change is an interim step
that respects the original intent of the Program while Health Canada
undertakes a broader review of the Program and associated
regulatory framework.
Immediate amendments to the Regulations are necessary because
Health Canada has already received applications from authorized
persons wishing to be supplied by a designated person
who already holds a licence to produce for another authorized
person and/or a new designated person who is also referenced in
other pending applications. By way of illustration, Health Canada
has already received an expression of interest from a designated
person who is capable of supplying marihuana for up to 200 authorized
persons.
Consultation
In acknowledgement of the pending SCC ruling with regard to
whether or not it would hear an appeal of the Sfetkopoulos decision,
Health Canada initiated a review of the impacts of potential
negative outcomes from the court some months ago. That review
entailed a range of limited consultations with relevant federal
partners, e.g., Public Safety Canada, the Department of Justice,
the Royal Canadian Mounted Police, and the Department of Foreign
Affairs and International Trade. Health Canada officials also
met with the Canadian Association of Chiefs of Police and representatives
from the Office of the Ontario Fire Marshal.
Federal partners were supportive of introducing enhanced controls
on the production of marihuana for medical purposes should
the leave to appeal not be granted. They emphasized the ongoing
trend towards increased personal production and the increased
risk of diversion to illicit markets this represents.
Law enforcement also raised particular concerns with the potential
for situations in which a single address could house multiple
authorized persons and/or designated persons all licensed to
cultivate increasing numbers of plants, and how these types of
situations often hampers their ability to investigate and shut down
illicit “grow ops.” Law enforcement stressed that the lack of controls
on production combined with the possibility of producing a
large quantity of marihuana would most certainly lead to increased
numbers or licence violations, e.g., where the amount of
marihuana being produced is far more than what has been authorized
via licence.
The Office of the Ontario Fire Marshal was particularly concerned
with the potential risk of fire in situations where large
amount of marihuana for medical purposes are being produced.
They stressed their preference for the introduction of much tighter
security requirements and enhanced controls on the size of production
sites allowed under the MMAR.
Implementation, enforcement and service standards
Health Canada will have to review all applications from authorized
persons seeking to modify their current supply arrangements
via the designation of a new person to produce on their behalf. An
assessment of whether or not the changes are allowed according
to the new limit on the number of production licences a single
designated person can hold will also have to be made. Health
Canada will also need to develop a system that tracks exactly
which authorized persons are being supplied by which designated
persons in order to avoid the issuance of too many licences to
produce to existing and new designated persons.
The current service standard for the processing of an application
from a prospective authorized person and/or an existing authorized
person wishing to make changes to their authorizations
and/or licences is up to eight (8) weeks. Despite the increased
administrative burden referenced above, it is not expected that
this service standard will change with the implementation of the
amendments.
At the present time, compliance and enforcement with the
MMAR is handled cooperatively with law enforcement in that
Health Canada has limited powers for administrative enforcement,
e.g., ability to revoke a licence, etc., and is able to share
certain information about production licence holders with law
enforcement, who can then, as required, carry out criminal investigations
and lay associated charges under the CDSA, the Crim-
inal Code or other relevant deferral statutes.
Implementation of the amendments will not have any direct
impact on these arrangements, although increased
information exchange with law enforcement may be
required as they continue to carry out investigations
of suspected illegal marihuana production and require
confirmation as to who is licensed by Health Canada, what
quantity of marihuana a particular production licence holder is
authorized to produce, etc. There may also be an increase on the
number of marihuana for medical purposes-related cases presented
before the courts.
Wider stakeholder consultation will have to be carried out as
Health Canada proceeds with its broader review of the Program
and related regulations.
Contact
Daniel Galarneau
Policy and Regulatory Affairs Division
Office of Controlled Substances
Tobacco and Drugs Directorate
Health Environments and Consumer Safety Branch
Telephone: 613-946-6521
Email: OCS_policy_and_regulatory_affairs@hc-sc.gc.ca
Home won't go up in smoke for convicted pot grower
http://www.winnipegfreepress.com/canada/home-wont-go-up-in-smoke-for-convicted-pot-grower-46538952.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Saturday, May 30, 2009
Source: Winnipeg Free Press (CN MB)
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Author: Sue Bailey, Canadian Press
Home won't go up in smoke for convicted pot grower
By: Sue Bailey
The Canadian Press
OTTAWA -- A Vancouver woman who helped finance her celebrated garden with a basement
full of marijuana plants won't lose her clematis-draped home, says the country's top
court.
But the Supreme Court of Canada ruled Friday home-based pot growers are subject to an
escalating range of penalties that could take the roof from over their heads.
The judgment means Judy Ann Craig, convicted of growing more than $100,000 worth of pot
in her North Vancouver home, won't lose her house as part of her sentence.
But in two similar cases, the court ruled 4-3 to uphold a partial forfeiture order
against a Quebec man and unanimously affirmed an order that a Surrey, B.C., couple
surrender a house they bought solely to grow pot.
It's the first time the high court has tested federal drug laws that allow governments
to seize crime-related property. The decisions set out that judges can issue graduated
property penalties depending on the specifics of each case.
"Full forfeiture may be anticipated, for example, in the case of a fortified property
purchased for criminal purposes and solely dedicated to the commercial production and
distribution of illegal substances, perhaps with a connection to organized crime,"
Justice Rosalie Abella wrote for the court majority.
"On the other hand, one might decline to order forfeiture in the case of an individual
with no criminal record and no connection to organized crime who grows very little
marijuana in her home."
Or the sentence could be something in between.
The judgments direct lower courts to consider the loss of "offence-related property"
separately from jail time or fines at sentencing. This is in part to ensure "that those
without property should not be treated more harshly than those who have it," Abella
wrote.
"In my view, the loss or retention of liberty should not depend on whether an individual
has property available as a sacrificial alternative."
The dissenting three justices disagreed with the notion that partial forfeiture of
crime-related property should be an option at sentencing. They say that portion of the
federal Controlled Drugs and Substances Act is all-or-nothing.
"Forfeiture of offence-related property... is generally mandatory and total," wrote
Chief Justice Beverley McLachlin. "The intention of Parliament was to deprive offenders
and other complicit individuals of the tools of the trade."
Prosecutors say seizure laws are a powerful weapon in the battle against home-based
grow-ops. But lower courts had issued conflicting rulings on when it's appropriate to
seize related property. Craig, 57, was considered a relatively small-time operator with
no ties to gangs. She started growing pot in 1998 in part for friends with AIDS.
Court challenges aims to legalize all cannabis use
Webpage: http://www.nationalpost.com/todays-paper/story.html?id=1650107
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Monday, June 1, 2009
Source: National Post (Canada)
Contact: letters@nationalpost.com
Contact:
http://www.nationalpost.com/contact/letters.html?name=Letters&Subject=Letter+to+the+Editor...
Website: http://www.nationalpost.com/
Author: Shannon Kari
Court challenge aims to legalize all cannabis use
Advocates say previous rule a 'mockery'
By Shannon Kari, National Post
Medical marijuana advocates are planning a court challenge aimed at legalizing all
cannabis use, in response to the latest restrictions announced by Health Canada.
The federal government announced last week that it would allow designated producers to
grow marijuana for as many as two medical users, instead of a maximum of one, permitted
under the old regulations.
The previous rules were ruled unconstitutional by a Federal Court of Canada judge in
January, 2008, because they did not provide for a sufficient legal supply of cannabis
for medical users without having to use the black market.
Health Canada appealed unsuccessfully to the Federal Court of Appeal and Supreme Court,
which refused in April to hear the case.
It was the eighth time in the past decade that Health Canada has lost in court trying to
uphold its medical marijuana policies and regulations, each time over restrictions on
supply.
The federal government's decision to allow producers to grow for no more than two users
is a "mockery" of the courts, said lawyer Ron Marzel, who was part of the successful
Federal Court challenge to the previous regulations.
The most recent restrictions for medical producers that were struck down were virtually
identical to ones that were found to be previously unconstitutional by the Ontario Court
of Appeal. The rules "create an alliance between the government and the black market,"
to supply "the necessary product" wrote the appeal court in October, 2003.
One option for medical users is to go back to the Federal Court to ask it to find that
the two-to-one ratio is also invalid.
However, the response from Health Canada would likely be to start another round of
appeals in court, observed Mr. Marzel.
"It is time for the vicious cycle to end. It means we have to take it to the next level,
to show the government it cannot thumb its nose at our courts," said Mr. Marzel.
The lawyer explained that he is organizing a court challenge this summer on behalf of a
number of people in Ontario facing marijuana trafficking charges, and has asked that all
charges be dismissed.
If he is successful, it would effectively mean that there is no prohibition on
possessing or producing marijuana, for medical or recreational use.
"This is the only way. The courts have repeatedly given the government time to come up
with a workable solution. They didn't do it. Health Canada has brought this upon
itself," suggested Mr. Marzel.
For several months in Ontario in 2003 there was no valid prohibition against simple
possession of marijuana, as a result of a Superior Court decision related to the flaws
in the medical marijuana regulations.
Similar arguments will be made by Mr. Marzel in asking a court to strike down all
prohibitions, unless Health Canada enacts regulations that allow for a legitimate supply
for medical users.
Marijuana Rally
May 23: 1:30-3:30; MUMM meeting;
Where: Universalist Unitarian Church; 5500 Inglis St.; Halifax.
Why:Action to protest Bill C-15 will be on the agenda!!
Refreshments will be provided.
Did you know that 93% of Canadians support the use of medical marijuana (MacLean’s; July 2006) and more than 400,000 Canadians depend on medical marijuana to help treat unrelenting symptoms of chronic progressive diseases like cancer, MS, HIV/AIDS, Hepatitis C and arthritis? (Canadian Medical Association Journal; May 15, 2001; 164 (10))
The federal medical marijuana program has only given exemptions to 2812 patients. Most medical marijuana patients run into many road blocks as they try to get an exemption. These road blocks leave hundreds of thousands of suffering Canadians out on a limb. Chronically and critically ill patients rely on medical marijuana because pharmaceuticals have caused devastating side effects and taking them is no longer a choice, or they need medical marijuana to tolerate pharmaceuticals. Society will not be a safer place by threatening to send these individuals to jail.
The Conservatives are trying to create an American style war on drugs. A recently released report from the Pew Center on the States shows that 30 million Americans are behind bars. Do Canadians really want to model our drug laws after a country that puts 1 in almost every 100 adults in jail? Canadian jails are already in crisis and things will only get worse if the Conservatives continue to put ideology ahead of science and common sense.
Please join MUMM as we work towards change.
We should ALL be free to choose!
http://thechronicleherald.ca/Search/1121891.html
Newshawk: Herb
Pubdate: 14 May 2009
Source: Chronicle Herald (CN NS)
Email: letters@herald.ca
Website: http://thechronicleherald.ca/
Address: 1650 Argyle St., Halifax, N.S., B3J 2T2
Fax: (902) 426-1158
Copyright: 2009 The Halifax Herald Limited
Author: Peter Richardson
Cited: Petition: http://www.gopetition.com/online/27398.html
Won't be silenced
Marijuana users are determined to accomplish legalization, no matter how
long or what it takes to succeed. Despite the threat of arrests and other
punishments and sanctions, marijuana users have persisted in their support
for legalization for over a generation. They refuse to give up their quest
for justice because they believe in the fundamental values of Canadian
society.
Prohibition has failed to silence marijuana users. The issue of marijuana's
legalization will simply not go away. Marijuana will be legalized because
marijuana users will continue to fight for it until we succeed.
Marijuana is not a lethal drug and is safer than alcohol. Marijuana is not
toxic to humans, overdoses are nearly impossible, and marijuana is not
nearly as addictive as alcohol or tobacco. It is unfair and unjust to treat
marijuana users more harshly under the law than the users of alcohol or
tobacco. I have started a petition at: http://gopetition.com/
Peter Richardson,
Halifax