13 August 2016
Here We Grow Again – Canada Wins Right To Grow Cannabis Again
Canada in the past could legally grow in an uncontrolled way, but then the law was changed only in the last 2 years.
Now – The changes now to allow it again for medicinal use only and is 100% the result of a law suit – Allard v Canada against the MMAR (Marihuana Medical Access Regulations) (source 1) – it mandates rights were broken specific to the Canadian constitution item 7 below.
Note: Canadians already have legal medical access for cannabis and cannabis products – via 34 dispensaries all online and all by mail order. This impacts the entire context of right to grow, as most dispensaries have 20 or so products from Indicas, sativa, and hybrids to concentrates (dabs). With the majority of medical cannabis used for pain medicine, high CBDs is in line with the USA and the rest of the world and not a major focus. Canada Arthritis society says 66% of all cannabis purchased and grown for medical use in Canada is for Arthritis.
There is still a push for doctors to prescribe synthetic cannabis vs natural Cannabis.
Legal patients must have a medical blue card to purchase anything legal.
Doctors do an initial video consultation online then follow ups 1,3,6, and 9months
New businesses are looking to set up community cannabis gardens for growing.
All major parties support decriminalisation and support medical use (of real cannabis) –
- Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Canada Federal court determines rights were vitiated and gave the government 6 months to address it. Those 6 months are up on 24 August.
To facilitate theses changes it resulted in the Access to Cannabis for Medical Purposes Regulations (ACMPR), (source 2). Then a new website 24 hour help line and information booklet / website by health Canada (source 3) launched on 12 August 2016.
“This case is not about the legalization of marijuana generally or the liberalization of its recreational or life-style use. Nor is it about the commercialization of marihuana for such purposes”. – Jacqueline Bogden weed czar – Canada. This case is about the access to marihuana for medical purposes by persons who are ill, including those suffering severe pain, and/or life-threatening neurological conditions. Such persons also encompass those in the very last stages of their life. – Allard v Canada
Self grows- are also believed by government to de-incentivize the need for as many illegal pot shops.
New Grow amounts from 24 Aug – are dictated by the GP and outdoor grows allowances are less than indoor grows e.g. if the GP says you should have 1 gram a day then it means you can grow 3 plants out door or 5 plants indoor, 3 grams 15 plants, The indoor yield is viewed to be less fyi
Grow your own is only viewed as an interim measure – while they move to fix the laws more permanently to regulate full spectrum Cannabis in 2017.
Note: Canada is evolving, there are ongoing issues, short term changes, medium and long term plans and some are not discussed yet. They are planning on a very regulated market. Recreational is still illegal but the pressure is on. There only 34 legal medical cannabis outlets in Canada, all others are illegal but some are tolerated by local government. However, there are/ were around 300 illegal pot shops throughout Canada, selling to medical and recreational users alike. The police either see these shops as helping or hurting the community and react accordingly 100% based on the direction of city government.
As a result, some pot shops are being raided and shut down daily, some with a wink and a nod and open the next day, others being treated rough and arrested. (Toronto being harsher then Vancouver where they are publicly NOT being shut down, by local government with them saying as long as they are not selling to kids all is ok)
Note: The current regulated model is medical users get their MC script from am online supplier.
Some folks (28,000) are already legally growing for own use, they will receive exemptions as the new laws are limiting the personal grows from unlimited to limited numbers (details not till 24 Aug)
Some folks (like existing happy growers or community growers) , are not happy with the illegal shops (this can be for social or self – financial reasons), or both. In the new regulation to be (24 Aug 2016) Seeds and plants must come from only authorized Government suppliers in their network of 34. Note: The current regulated model is medical users get their Cannabis from a medical cannabis clinic The new model is they get their seeds or plants from the same places and can get medical cannabis in the interim waiting for their plants to grow.
There has been mention that Cannabis not only be treated like alcohol and tobacco but managed by alcohol and tobacco, and there are public concerns on that.
Source (1) Jacqueline Bogden – weed czar – Canada – http://bit.ly/Canada-announcement –
Source (2) The law suit – http://bit.ly/allard-canada
Source (3) New information bulletin released on 12 August that goes live 24 August 2016 – http://bit.ly/Canada-Regs-1