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http://www.cmaj.ca/site/earlyreleases/2march15_Medical_marijuana_...

  1. .y.
    3,566 Posts.
    http://www.cmaj.ca/site/earlyreleases/2march15_Medical_marijuana_users_sue_to_grow_their_own.xhtml

    The result of the court decision is due to be released tomorrow on March the 18th 2015.
    Had to do a lot of extra reading to sate your inquisitiveness.

    Finally found the relevant article again.

    This is the case, It was scheduled for a three week hearing that began on Feb 23.

    The guy claims he uses 800 grams a month in this article or 25 grams per day

    The deadline for the change was Apr. 1, 2014, but in late March a federal judge granted a temporary injunction allowing Canadians with medical marijuana permits to keep their current arrangements until a decision from this hearing comes down in late summer or fall.
    The Supreme Court of Canada is also set to hear arguments next month in a related case involving the MMPR’s limitation of possession of medical marijuana to dried cannabis only. Plaintiff Owen Smith, also from BC, argues that unduly restricts those who get better results with cannabis oil, cookies and other forms. (Conroy told CMAJ he suggested postponing the Federal Court hearing until the high court had ruled in Smith, but the government rejected the idea.)
    Speaking before Judge Phelan on Feb. 23, Conroy said the MMPR violates Section 7 of the Charter of Rights and Freedoms protecting life, liberty and security of the person. He said the onus is on the government to show the new rules constitute a reasonable limitation of those rights under Section 1 of the charter. “The government bears the burden in justifying any intrusions on a person’s liberty and security of the person,” he said.
    Brongers said the government will show changes to the 15-year-old regime governing access to medical marijuana were necessary to address “exponential growth” in demand. The original rules were designed for a relatively small number of users, he said.
    The number of licensed growers had mushroomed from fewer than 100 in 2001 to some 37 000 in January 2014, according to the government’s statement of defence. The difficulty in monitoring so many grow-ops — whether in private homes, outdoor plots or industrial spaces — was a cause for concern among police, fire, health and safety authorities.
    Police suspected, often with reason, that some growers were exceeding their licensed quota and selling the surplus on the street. Brongers said the presence of grow-ops also raised the spectre of home invasions to steal the drugs, not to mention the risk of toxic mould, noxious fumes and electrical hazards. And there is no constitutional right to access unlimited amounts of pot from any source, he said.


    Get over it.
 
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