Global Ganja Report

Ontario's high court on Feb. 1 upheld Canada's general ban on cannabis, overturning a lower court decision that found the nation's marijuana laws unconstitutional. The Court of Appeal for Ontario held that while a total ban on use of medical marijuana would be unconstitutional, serious illness does not create an automatic right to use cannabis. The Court of Appeal overruled a trial court decision that struck down parts of Canada's Marihuana Medical Access Regulations (MMAR) and Controlled Drugs and Substances Act (CDSA). The Court of Appeal ruled that the lower court erred in its finding that Canadian law made it nearly impossible for patients to obtain medicinal marijuana. The case concerned Matthew Mernagh, who was charged under the CDSA with growing his own cannabis after failure to obtain a medical exemption.

The same day that voters in Colorado and Washington state approved the legalization of cannabis, the Stephen Harper government in Ottawa brought into force tough new mandatory penalties for marijuana offenses. The measures are part of the Conservative administration's Bill C-10, the Safe Streets and Communities Act, passed by parliament in March. The new law provides a mandatory six-month term for growing as few as six cannabis plants—twice the mandatory minimum for child molestation, critics point out.

Vancouver Mayor Gregor Robertson and four former mayors of the British Columbia city have issued a public call for the legalization of cannabis. Robertson Tweeted Nov. 25: "Good to see 4 Vancouver ex-mayors calling for end of cannabis prohibition. I agree, we need to be smart and tax/regulate." This references an open letter to Canada's Prime Minister Stephen Harper that Robertson co-wrote with predecessors Larry Campbell, Mike Harcourt, Sam Sullivan and Philip Owen. The Nov. 23 letter, online at Stop the Violence BC, states:

Health Canada is threatening to prosecute a Vancouver physician who says he has successfully using the Amazonian plant medicine ayahuasca to treat addiction. In a two-page letter sent last week, Johanne Beaulieu, director of Ottawa's Office of Controlled Substances, reminded Gabor Maté that possession of ayahuasca is illegal under Canada's Controlled Drugs and Substances Act. The letter warned that unless he immediately ceased the treatments, the RCMP would be notified. Dr. Maté, a family practitioner who specializes in addiction, said he will reluctantly comply with the order.

Last week, the Obama administration launched a "We the People" website, pledging that any petition to garner 5,000 signatures will receive an official response from President Obama. One of the top petitions so far is demanding the "Pardon of Marc Emery." WhyProhibition.ca, which is spearheading the drive, say they only need another 2,600 signatures to have an official presidential comment on Marc. You can sign the petition here.

Canada's Liberal Party announced Feb. 9 that it will oppose Bill S-10 over concerns that it would disproportionately target youth and cause an explosion of costs to build new mega-prisons. "This bill isn’t tough on crime, it’s dumb on crime," said Liberal leader Michael Ignatieff (Etobicoke-Lakeshore, ONT). "We're all in favor of cracking down on serious criminals, but this bill doesn’t distinguish between massive grow-ops and a first-time offender with a small amount."

Ontario Superior Court Justice Thea Herman ruled Feb. 7 that the Church of the Universe, which uses cannabis as a sacrament, is not exempted fmor Canada's Controlled Drugs and Substances Act, rejecting religious freedom arguments from two church members accused of trafficking.

An online petition has been launched to rescue 10 black bears found living at a rural British Columbia cannabis grow-op. The bears were discovered on July 30, when the Royal Canadian Mounted Police raided a remote property near Christina Lake, about 540 kilometers east of Vancouver.