Medical marijuana restrictions unfair, lawyers contend

CBC News

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Sep 26, 2006
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The federal government must loosen unfair restrictions that are preventing seriously ill Canadians from obtaining the medical marijuana they need to treat their debilitating illnesses, lawyers for the sick argued Monday in Federal Court in Toronto.
Licensed medical marijuana users are suing Health Canada over its rules regarding the growing of the drug and its distribution.
Health Canada has effectively established itself as the country's sole legal provider of medical marijuana, but is providing an expensive yet ineffective drug that doesn't meet the needs of many patients who use it to treat chronic pain, seizures and other ailments, Alan Young, an Osgoode Hall Law School professor said.
The government department has also shrugged off complaints about the drug, which costs about $150 per ounce, and failed to improve the program by providing patients with different strains designed for their specific medical needs, Young told the court.
"It's not enough to say, `Here's some pot for you, knock yourself out.' That's not the way medicine is delivered," Young said outside court Monday. "You come up with the optimal product."
There are providers who want to supply various strains of the drug at a lower cost for medical use, but they're prohibited from doing so because government policy restricts them from supplying more than one patient, he added.
Health Canada spokeswoman Joey Rathwell declined to comment Monday on the case, as it is before the courts. The case, which began in 2004, will be heard for two more days in Federal Court. Some of the applicants have died since the case was first filed and their number has been reduced to 17 from the original 27, the court heard.
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