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Canada: Medical Marijuana Program Unconstitutional

Prohibitively unconstitutional, that is.

I just printed off the 109 page ruling by Justice Donald Taliano. Thanks to the hard work of Canadian activists, including Cannabis Culture contributor Matthew Mernagh, this monumental decision brought an interesting question to mind: is there a similar argument to be made here in the States?

Cannabis Culture’s article on the case had this excerpt from Judge Taliano’s ruling:

“[T]he road to marihuana approval is a virtual obstacle course which few patients can navigate. Rather than providing access to medicinal marihuana, the MMAR raise so many barriers to access that the defence is meaningless and illusory for most patients. […]

The deleterious effects of the MMAR on Mr. Mernagh and other similarly situated individuals are clear. Seriously ill persons who need marihuana to treat their symptoms are forced to choose between their health and their liberty. If they choose their health, they must go to significant lengths to obtain the marihuana they need, including lengthy trips to purchase the drug, resort to the black market, and living with the constant stress that at any time they could be subject to criminal prosecution. These already sick individuals must further cope with the added stress of the stigma and social rejection of friends, family and members of the public who see them as criminals. This is not to mention the real fear of losing one’s doctor simply by inquiring about the drug and damage to the patient-doctor relationship.”

I wonder if this will have any impact here in the US in the not-too-distant future….

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Discussion

One thought on “Canada: Medical Marijuana Program Unconstitutional

  1. There is a critical flaw with both state and federal law in Iowa and the United States that needs to be fixed before we can deal with this issue in a rational manner. As the Canadian Court says, marijuana is classified as medicine in Canada by a previous ruling from a Canadian court. That’s interesting, because it was the court here in Iowa that ordered the state to reconsider the classification of marijuana here in Iowa which resulted in a finding by the Iowa Board of Pharmacy that marijuana is, indeed, medicine. You can plainly see that distinction is critical, because in Canada marijuana has been reclassified as medicine, which gives a patient a legal right to use it.

    Posted by Carl Olsen | April 19, 2011, 5:02 am

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