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Canada: judge rules medical patients have right to grow

Posted on February 26th, 2016 by Global Ganja Report and tagged , , , , .

CanadaJudge Michael Phelan of the Vancouver Federal Court ruled Feb. 24 that medical marijuana patients have a constitutional right to grow their own cannabis, striking down a ban introduced by Canada's previous Conservative government under the 2013 "Marihuana for Medical Purposes Regulations." The case, brought by a group of British Columbia residents led by Neil Allard, invoked the Canadian Charter of Rights and Freedoms, which guarantees the right to not be deprived of life, liberty, security of the person "except in accordance with the principles of fundamental justice." Judge Phelan agreed with the plaintiffs that "the access restrictions have not been proven to be in accordance with the principles of fundamental justice" and therefore infringed upon their constitutional rights. As the decision was announced, Kirk Tousaw, attorney representing the patients, tweeted: "Win!"

However, Phelan ruled that the decision invalidating the cultivation restrictions will not become effective for six months, giving the government time to respond with new and more appropriate regulations. (Jurist, High Times, Cannabis Now)

Photo by PhotoPhreak

 

 

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