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Old 06-01-2009, 02:02 PM   #1
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"Designated producers" What is going on in Canada?
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Could somebody explain "designated producer" to me?

Court challenge aims to legalize all cannabis use

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Court challenge aims to legalize all cannabis use

Advocates say previous rule a 'mockery'

Shannon Kari, National Post
Published: Monday, June 01, 2009

Medical marijuana advocates are planning a court challenge aimed at legalizing all cannabis use, in response to the latest restrictions announced by Health Canada.

The federal government announced last week that it would allow designated producers to grow marijuana for as many as two medical users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of Canada judge in January, 2008, because they did not provide for a sufficient legal supply of cannabis for medical users without having to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost in court trying to uphold its medical marijuana policies and regulations, each time over restrictions on supply.

The federal government's decision to allow producers to grow for no more than two users is a "mockery" of the courts, said lawyer Ron Marzel, who was part of the successful Federal Court challenge to the previous regulations.

The most recent restrictions for medical producers that were struck down were virtually identical to ones that were found to be previously unconstitutional by the Ontario Court of Appeal. The rules "create an alliance between the government and the black market," to supply "the necessary product" wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start another round of appeals in court, observed Mr. Marzel.

"It is time for the vicious cycle to end. It means we have to take it to the next level, to show the government it cannot thumb its nose at our courts," said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this summer on behalf of a number of people in Ontario facing marijuana trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no prohibition on possessing or producing marijuana, for medical or recreational use.

"This is the only way. The courts have repeatedly given the government time to come up with a workable solution. They didn't do it. Health Canada has brought this upon itself," suggested Mr. Marzel.


For several months in Ontario in 2003 there was no valid prohibition against simple possession of marijuana, as a result of a Superior Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to strike down all prohibitions, unless Health Canada enacts regulations that allow for a legitimate supply for medical users.

skari@nationalpost.com
Could a medical user conceivably supply themselves in Canada?

It's hard to believe that this is going to go anywhere, but we can hope.
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Old 06-07-2009, 10:03 AM   #2
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Well it went somewhere in 2003 for a short time. Though from what i have herd even that wasn't completely settled.

As for supplying yourself. If you have a legal license to use cannabis in Canada then you can choose to apply for a license to grow for your own medical reasons. Otherwise you can choose someone to grow on your behalf.

I do believe the process is rather long and drawn out and most likely difficult to even get into.
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Old 06-07-2009, 12:27 PM   #3
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Good Post V8 Child

I would really like to see the the article happen, to the benefit of legalized posession and cultivation, but don't hold your breath.

The conservatives, Prime Minister Harper, have Bill C-15 which has past first round so far and if continues successfully may be law by this fall. This holds for MANDATORY minimum jail sentences for possesion and cultivation....10 step backwards from where we were 5 years ago, and a parallel system like US which we know to be failing, just filling up jails etc...and hitting up small time growers like most of us

The Liberals have introduced a private bill to decriminalize MJ so this cannot hurt our cause...

I believe a designated producer is one who has applied for med MJ use and received approval. You can grow for yourself...or an approved MJ user can designate someone to grow for them....(as Noted by andg_93)

My wife is too nervous to apply for Med MJ status, but I sure wish she would, she meds for arthritis, and me I love to grow and smoke, I would quit my real job and start putting my years of gardening to good use for folks who need it.

Lets hope that Canada gets back on the right track....real fast

Also andg_93. I am not so sure the process is that tough, once you have a doctor who will sign....I have 2 friends who went thru it and had their papers in 4 1/2 months...not so bad...
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I just cannot fathom that Marijuana, with all its history and medicinal properties, is illegal almost everywhere and yet alcohol, which has no redeeming qualities, is sold directly by the Government....shows the reality of our world doesn't it?
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Old 06-07-2009, 02:39 PM   #4
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I looked into a medical release to use cannabis and I was told by two different advertised physicians that I needed some kind of diagnosis from a third physician before they could apply me for the release. I'm not sure where to go from there. I have no medical plan, although I have a medical record in a hospital system.

Why is your wife nervous about getting a medical release? Myself, I find some relief already for digestive problems. I have a huge list of stuff I cannot digest, starting with dairy products and ending up with gluten. I get pretty miserable.
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Old 06-08-2009, 10:39 AM   #5
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Originally Posted by V8d8Child View Post

Why is your wife nervous about getting a medical release? Myself, I find some relief already for digestive problems. I have a huge list of stuff I cannot digest, starting with dairy products and ending up with gluten. I get pretty miserable.
She is conservatively minded and is worried about neighbors and family finding out that she uses MJ. Also, even though I have outdoor grown for many years to support hers and my use, she is worried about the police coming to check out grow etc....once i would become her designated grower. Also it invites them, Health Canada, OPP etc...(provincial police), access at anytime to your grow and she just does not want this hassle....sure wish I could figure out some way to change her mind as I would love to be legal grower and would sure lighten up my stress on growing illegally.

Are you in Canada V8?
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I just cannot fathom that Marijuana, with all its history and medicinal properties, is illegal almost everywhere and yet alcohol, which has no redeeming qualities, is sold directly by the Government....shows the reality of our world doesn't it?
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Old 06-08-2009, 03:31 PM   #6
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No, I am not in Canada.
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