The highest court in Ontario, Canada will be reviewing a landmark decision, come November, which speaks to Canada’s unstable MMJ program and the way production and/or possession of marijuana will be treated there.
Why November? Well, two months ago there was a court case in Ottawa that involved a patient from St. Catharines named Matthew Mernagh. In that case, Justice Donald Taliano ruled that the existing Medical Marijuana Access Regulations (MMAR) were unconstitutional, and he gave Ottawa until the middle of July to fix it, or marijuana would be effectively legalized in Ontario.
That mid-July deadline was extended when Kevin Wilson, arguing on behalf of the federal government, said that current laws and regulations regarding medical marijuana – and marijuana in general – should stay in force until an appeal could be heard. Since that can’t happen til November, Court of Appeal Justice Robert Blair granted a deadline extension.
In his decision, Blair said, “The practical effect of the decision if the suspension were permitted to expire on July 14 would be to legalize marijuana production in Ontario, if not across Canada.”
So what is the flaw in the Canadian MMJ system? Lawyers on both sides of this court case are blaming doctors - they’re not educated, there are no standards for their training regarding MMJ, etc.
Knowing this, one has to wonder: will there be a new system ready to go in Canada when November comes around, or is everyone pinning on their hopes on the court appeal, and hoping no changes will be required?