Canadians have rights, and the CANADIAN CHARTER OF RIGHTS AND FREEDOMS makes it clear that using and growing cannabis is one of them. Fortunately, federal Federal Judge Michael Phelan agrees. We are now seeing people waking up and many are simply ignoring outdated restrictions which I for one have always ignored. Growing your own and sharing seeds and preserving stains is critical. Look at it like this – how many strains of vegetables no longer exist as commercial mono crop farmers push out heirloom vegetables for profits? Many heirloom vegetables have been saved for decades and even centuries because they are the best performers in home and market gardens. You can imagine the same goes true for Cannabis with Monsanto and Bayer already pushing their way in, and with Monsanto’s GMO stain, cross-contamination is a real worry. – Jason Wettstein C.C.
A Canadian federal court judge has ruled that medical marijuana patients have the constitutional right to grow their own cannabis, striking down a ban introduced by the country’s previous Conservative government.
The court suspended its decision for six months to give Ottawa time to respond.
A group of British Columbia residents took Canada to court in 2013, arguing a new law requiring medical marijuana patients to buy their cannabis from licensed producers, instead of growing their own, was unconstitutional.
They said marijuana grown under the government system was too expensive and did not allow them to control the strains and dosages of their treatment.
The government, which overhauled its medical marijuana program in 2013, argued that its mail-order system was safer for both the patient and other Canadians, who could be negatively impacted by unsafe home grow-ops.
In his decision, federal court judge Michael Phelan said that restrictions imposed by the Marihuana for Medical Purposes law were arbitrary.
“The access restrictions did not prove to reduce risk to health and safety or to improve access to marihuana – the purported objectives of the regulation,” he wrote.
The Canadian government must now decide if it will appeal the decision.
Prime Minister Justin Trudeau, elected in October, pledged during his campaign to regulate and legalize recreational marijuana, though his ruling Liberals have not addressed their plans for medical marijuana at length.
Last June, Vancouver city councillors voted to license marijuana dispensaries, which operate outside the current federal framework, becoming the first Canadian city to regulate retailers selling the drug.
Shares of medical marijuana producers plunged on Wednesday after the ruling.
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