An Alberta judge this week not only cleared the way for a multiple sclerosis patient to legally grow marijuana for his own treatment, but stated if Parliament does not amend its marijuana laws to allow for a legal supply to medical marijuana patients within a year, it will be legal for anybody to grow cannabis in the province.
In the case, Justice Darlene Acton dismissed marijuana cultivation charges against Grant Krieger, a multiple sclerosis patient.
In her ruling, Justice Acton cited the “absurdity” of the current regulations for patients with a medical exemption under Section 56 of the Controlled Drugs and Substances Act. There are over 70 patients in Canada who can legally use marijuana medicinally, but as Justice Acton stated in her ruling, “The irony is that there is no source in Canada for marijuana at this time.”
“It’s another message to the government of Canada that they have to address this issue more thoroughly and Section 56 just doesn’t cut it,” said Adriano Iovinelli, QC, Kreiger’s attorney.
A similar ruling was made this summer by an Ontario judge who gave Parliament until July 31, 2001 to allow for the medical use of marijuana or marijuana possession will be legal for all Ontario residents.
“The courts in Canada are forcing the politicians to deal more honestly with the medical use issue,” said Keith Stroup, NORML Executive Director. “We hope our judges will find the courage to help patients in this country. The U.S. Supreme Court will have that opportunity this spring, when they review the Oakland Cannabis Buyers’ Cooperative case from the 9th Circuit U.S. Court Of Appeals.”
For more information, please contact Keith Stroup, NORML Executive Director at (202) 483-5500 or Adriano Iovinelli, QC, at (403) 269-3655.
