Via Cannabis News:
A day after an Ontario court stayed charges of growing and possessing marijuana against him, Matthew Mernagh wasted no time exercising his newly acquired freedom to consume medicinal cannabis, setting some seeds germinating in a paper towel and paying a visit to Vapour Central in downtown Toronto.
The same ruling that granted Mr. Mernagh, who suffers from seizures and fibromyalgia, the right to use the drug to manage his symptoms also struck down the government’s medicinal marijuana program – arguing it was too difficult for patients to obtain the necessary licence to use cannabis legally – and ruled the country’s laws against possessing and growing the drug unconstitutional.
“It’s unbelievable. It feels like we won the Stanley Cup and brought it home,” said Mr. Mernagh, 37, as he celebrated with supporters. “We’re all just sitting here, awestruck.”
But while he was free to partake immediately, the rest of the ruling will not come into effect for three months, leaving other medicinal users without licences to wait and see whether the government would appeal the ruling or re-tool the program.
Previous court decisions on the subject have either faced appeal or forced the government to change the law to help medicinal users obtain cannabis.
On Wednesday, civil servants refused to tip their hands as to which path they would follow this time. Political parties vying for power, however, suggested they were open to rewriting the rules.
The Public Prosecution Service, which must decide whether to appeal the case, declined to comment on what it would do. A spokeswoman for Health Canada said it was too soon to say what would happen.
The Conservatives, meanwhile, said plans to overhaul the Marihuana Medical Access Regulations were already being worked out.
“We are disappointed with this decision,” wrote Tim Vail, a spokesman for Tory Health Minister Leona Aglukkaq, in an e-mail. “We are currently considering longer-term measures to reform the medical access program and its regulations.”
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