February 26, 2016
On Wednesday, February 24 in Vancouver, Federal Judge, Michael Phelan, struck down the Marijuana for Medical Purposes Regulations that restricted medical marijuana patients from growing their own marijuana.
Judge Phelan ruled that the regulations “were an infringement on charter rights and declared they have no force and effect.” However, he suspended his ruling for six months for the federal government to determine new rules. He also made sure to point out that this new ruling doesn’t change other laws that make it illegal for Canadians to use or grow pot recreationally.
The Marijuana for Medical Purposes Regulations was introduced in 2013 by the Conservative Government. Under it, medical marijuana patients were required to buy cannabis from licenses producers instead of growing their own. Neil Allard and three other British Columbia residents challenged this regulation, stating it violated their charter rights.
While this new ruling is a definite victory for medical marijuana users, there are still some limitations. For one, it only applies to about 28,000 Canadian who already had the proper licenses at the time of the injunction. Lawyer John Conroy, lead counsel for the plaintiffs, stated that there are thousands of other medical marijuana users not covered by the original injunction and they will have to wait six months before they can start legally growing their own cannabis. He also said that if someone had to change the address of their production site, their possession license is no longer valid with Health Canada and warns users with licenses to ensure that they’re up-to-date.
Read more about this case, the new ruling, and Judge Phelan’s decision on the CBC News website.