Federal Health Minister Jane Philpott said the Liberal government will not appeal the February 24, 2016 Allard v. Canada Federal Court decision that allows patients to grow their own medical cannabis.
“We will respect the decision of the federal court and as such we are now in a situation where we have responsibility to address the Marihuana for Medical Purposes Regulations and they will be amended accordingly in order to address the concerns of the court.”
Federal Court Justice Michael Phelan February 24 ruling included,
"The access restrictions did not prove to reduce risk to health and safety or to improve access to marijuana — the purported objectives of the regulation,"
"In sum, the law goes too far and interferes with some conduct that bears no connection to its objectives."
"Many 'expert' witnesses were so imbued with a belief for or against marijuana — almost a religious fervour — that the court had to approach such evidence with a significant degree of caution and scepticism,"
If the Liberals continue to be responsible politicians by respecting the science and evidence and using same in their decision making they should allow all Canadians 18+ that are currently allowed to grow 15 kg of tobacco per year also grow the same amount of cannabis.
Growing 15 kg of tobacco per year for adult personal use is currently allowed in Canada, "the quantity of tobacco or cigars manufactured in any year does not exceed 15 kg for the individual and each member of the individual’s family who resides with the individual and who is 18 years of age or older."
Excise Act, 2001 Federal laws of Canada. Marginal note:Exception — (3) An individual who is not a tobacco licensee may manufacture manufactured tobacco or cigars (a) from packaged raw leaf tobacco or manufactured tobacco on which the duty has been paid, if the tobacco or cigars are for their personal use; or (b) from raw leaf tobacco grown on land on which the individual resides, if (i) the tobacco or cigars are for their personal use or that of the members of their family who reside with the individual and who are 18 years of age or older, and (ii) the quantity of tobacco or cigars manufactured in any year does not exceed 15 kg for the individual and each member of the individual’s family who resides with the individual and who is 18 years of age or older. 2002, c. 22, s. 25; 2007, c. 18, s. 74. http://laws-lois.justice.gc.ca/eng/acts/E-14.1/page-4.html
We have just been notified that Mr. Justice Phelan of the Federal Court Trial Division will be rendering his decision in the Allard case on Wednesday morning at 9 AM
See the decision at www.johnconroy.com/mmar.htm Wednesday, February 24 after 9:30 AM PST.
February 23, 2016
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