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The Use Of Marijuana In For Medical Purposes

Submitted by bhadz on December 12, 2005

Category: Social Issues
Words: 1373 | Pages: 6
Views: 210
Popularity Rank: 56,244
Average Member Grade: N/A (Add a Comment / Grade this Paper)

On July 30, 2001, the federal government put into effect new regulations that allow more access to marijuana, by far the world's most used illicit narcotic, for 'medicinal' purposes. The health threat to patients, links to organized crime, the gateway to harder drugs that is created by smoking 'pot', and an inevitable weakening on restrictions for recreational use of marijuana and other narcotics present significant reasons for Canadians to be concerned about sanctioning access to marijuana, even for 'medicinal' purposes.

Q. How did we get here?

A. On July 31, 2000, Terrance Parker was successful in gaining support from the Court of Appeal for Ontario to use marijuana to help control his epilepsy. Under Section 56 of the Controlled Drugs and Substances Act (CDSA), the Minister of Health has the authority to allow exemptions for persons deemed to need access to marijuana for medical purposes. There have been over 250 of these exemptions granted to date.

To strengthen the prohibition on recreational use, the Court concluded that Parliament can validly prohibit marijuana where used for non-medical purposes. The issues raised related to the section 56 process: the broad discretion given by the law to the Minister of Health in granting exemptions, the transparency of the process and what determinants constitute medical necessity. The Court found the exemption to be unconstitutional as it allowed patients to possess but not cultivate marijuana thus forcing the user to buy marijuana from illegal street suppliers.

The court struck down the CDSA prohibition on possessing marijuana declaring it unconstitutional and of no force and effect. To give the government time to devise new regulations, the declaration of invalidity was suspended for a year until July 31, 2001. You can visit Health Canada's Office of Cannabis Access Website for more details regarding the regulations here.

Q. Has medical...

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