Apr. 23, 2009 - Top court ends government pot monopoly
"OTTAWA — Canadians who are legally permitted to smoke pot to treat illness won a victory in the Supreme Court of Canada on Thursday when it refused to hear an appeal of a ruling that put an end to the federal government monopoly.A three-judge panel, without giving reasons, rejected the Justice Department's application to challenge a Federal Court of Appeal decision that gave licensed producers the right to grow marijuana for more than one patient.
The Supreme Court's decision to stay out of the matter effectively upholds the 2008 ruling, which dismissed the government's argument that the industry would be thrust into deregulation if the court loosened federal restrictions.
The decision was a victory for a group of patients who challenged the federal regulations, arguing that the government-issued pot, supplied by Prairie Plant Systems in Manitoba, is too weak and that they should have the option to find their own supply.
The appeal court decision struck down government regulations that authorized users who cannot grow their own marijuana to designate a grower, or obtain government-issued weed.
The patients sought the right to buy marijuana from Carasel Harvest Supply Corp., which, under the current regime, was not allowed to supply more than one patient with medical marijuana.
There are about 2,000 people legally allowed to use marijuana for medical purposes, but the lower court found only 20 per cent buy it from the government supplier.
Justice Department lawyer Sean Gaudet argued in the appeal court that statistics weren't enough to conclude the government-supplied marijuana was inadequate, or forced people to seek drugs on the black market.
Moreover, sanctioning growers to supply more than one patient would allow the industry to develop "without safeguards" and exacerbate the risk that marijuana will be diverted to improper use, he said."
