The federal government will not appeal after the courts struck down a Harper government ban on growing your own medical marijuana.
But Lawyer Kirk Tousaw says the decision is not a green light for people to begin their own medical marijuana grow op.
“Currently no. The injunction continues just to protect those people that it has protected for the last couple years. We are seeking to get back in front of Justice Phelan to try and expand those protections because there are an awful lot of people out there that either can’t produce and then there is tens of thousands of Canadians who have become sick or discovered medical cannabis and those people ought to have a right to have home gardens as well.”
As for what comes next, Tousaw says…
“Now the task becomes how do we craft a constitutionally adequate system for controlling the production and distribution of medical cannabis. We know that the MMPR, the commercial-only system, isn’t it and the government is going to have to figure out pretty quickly what it think it will meet the constitutional muster.”
Ultimately Tousaw says if the Trudeau government would just legalize as promised it would solve a lot of problems.
He says he hopes the feds are moving in that direction.
Meanwhile, Tousaw hopes to get back in front of a judge and expand the injunction in order to protect many more medical pot users.
Last month, the Federal Court ruled that the Conservatives’ marijuana for medical purposes regulations violated the charter, and that patients who use marijuana medically are allowed to grow their own pot.
The government was given 6 months to re-write the rules.