A 53 year old Toronto AIDS patient filed a civil suit against the Canadian government on February 5 asking the court to find an exemption for the medical use of marijuana. The suit also demands that the federal government begin distributing the drug to those seriously ill patients who need it.
“It is our contention that it is a constitutional violation to criminalize therapeutic activity,” said Toronto attorney Alan Young, who is assisting in the case. “We want the court to declare that [this patient] is exempt from the drug act, meaning that he’d be entitled to possess and cultivate marijuana. We also want a court [to order] the government to provide him with a safe and secure supply.
Jim Wakeford, who was diagnosed with AIDS five years ago, credits marijuana for extending his life. His doctor, Toronto AIDS specialist John Goodhew, agrees.
“What has marijuana done for Jim Wakeford? It has allowed him to live,” he said. Goodhew estimated that one-quarter to one-half of his patients on anti-HIV medication use marijuana on a “semi-regular” basis.
“Patients who use [marijuana] continue to use it with my knowledge and consent,” he added. “Medically, I think it is a worthwhile cause. It is absurd to criminalize a product that is so useful, effective, inexpensive, and so non-toxic compared to all the pharmaceutical alternatives.
Wakeford’s federal challenge comes two months after a Canadian trial court judge ruled that bona fide medical marijuana users are exempt from criminal marijuana possession penalties. In that case, an Ontario judge declared, “It does not accord with fundamental justice to criminalize a person suffering [from] a serious chronic medical disability for possessing a vitally helpful substance not legally available in Canada.”
Meanwhile, some medical marijuana proponents are continuing negotiations with the Canadian Department of Health to approve the use of the drug in “emergency” situations. In December, a spokesman for Health Canada stated that the agency had “no problem” with the medicinal use of marijuana. He added that the agency would likely approve a medical marijuana distribution plan if a university agreed to grow the drug. Presently, a University of Toronto professor is lobbying for permission to begin growing marijuana at the school’s year-round greenhouse.
“There is increasing momentum toward changes that will allow legal access to medical marijuana in Canada,” NORML Executive Director R. Keith Stroup, Esq. said.
The Ontario Court of Justice is scheduled to hear Wakeford’s challenge on May 4. Attorney Young said that he anticipates bringing several international physicians to testify that marijuana has medical utility.
For more information, please contact attorney Tanya Kangas of The NORML Foundation @ (202) 483-8751.