Canadian Federal Judge Michael Phelan ended the ban on home marijuana cultivation for medical marijuana patients. He gave the Canadian government a period of six months to devise new rules.
Cultivation is approved for medical marijuana patients only. An initial injunction permits only about 28,000 Canadians to grow their own medical marijuana. Those not covered by the original injunction must wait six months to begin home cultivation, according to CBC News.
Lawyer Kirk Tousaw calls this a complete victory in his statement: “Basically we won, and it was a complete victory. The Marijuana for Medical Purposes Regulations were declared to be unconstitutional and violate the charter rights of medical cannabis patients.” He also said that, “We proved that growing medical cannabis can be perfectly safe, and can be done completely in compliance with the new law and people ought to have a right to do that without fear of being arrested and locked in cages for that activity.”
The initial ban on home cultivation began in 2013 and restricted some patients from having access to medical marijuana, forcing them to the black market. It was also found that not allowing patients to find their own legal supplier, or dispensing location, was also causing issues among patients.
A new set of regulations must be carefully drawn up prior to review and approval before they are put into motion. The new rules will better help regulate Canada’s medical marijuana program and allow patients improved access to their medicine.