Canadian patients will be able to grow their own cannabis
Prime Minister Justin Trudeau has yet to finalize his promise of legalize cannabis in Canada that the Federal Court has just ruled that medical patients can grow their own cannabis.
The Supreme Court of Canada's decision is the latest in a long line, all of which are based on the fact that denying medical access to cannabis violates the Canadian Charter of Rights and Freedoms.
However, the decision adds to the confusion surrounding the legal status of cannabis in Canada, This was partly due to the lack of detail surrounding the Liberal government's plans. Today, 29 companies are licensed by the former Conservative government to grow and sell medical cannabis. They will now face some financial pressure, which will benefit patients.
«The evidence failed to show that public safety would be affected in any way by the removal of the right to produce medical cannabis at home,» wrote Judge Michael L. Phelan in his decision.
Judge Phelan gave the government 6 months to propose a new system and regulations to allow and control home growing.
He said that current law restricts patients' freedom by leaving them under threat of criminal prosecution, and that self-cultivation was already widespread.
The ruling, which was prompted by the prosecution of 4 medical cannabis users, returns Canada to a previous system. It allows patients to grow their own cannabis or mandate someone to do it. The government also sells cannabis in a few dispensaries.
The previous government was alarmed by the rapid growth in self-cultivation, and the cost of controlling it. In 2013, it therefore abandoned home-growing authorizations and required patients with prescriptions to buy their cannabis only from identified growers.
Many patients, including the 4 who appeared before the Federal Court, complained that the new system prevented them from accessing certain varieties of cannabis that were more effective for them according to their condition. They were also concerned about the price of cannabis at these new companies.
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