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.
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