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Saturday, June 25, 2011

On the State of Marihuana in Canada

This here is going to be my final post before I'm off to Europe on Monday (I'll keep posting from Europe though).  I recently learned about a sad piece of news about the laws in regards to the prohibition of marihuana (the flowers of the hemp plant, Cannabis sativa) in Canada.  Now, I'm going to preface this by saying I am not a regular user of marihuana, in spite of the fact that it helps me greatly with my pain, even better than oxycodone does; the reason I don't is because of the other effects, such as blood shot eyes, sedation (drowsiness), obtundation (i.e. a feeling of stupidity), and loss of motor control.  Marihuana is fine on weekends, but it is far from useful on weekdays, when concentration, as well as motor skills, are paramount.  Because marihuana is a substance of great medical use, it was made legal in Canada; however, just like oxycodone and methamphetamine (also substances of medical use), it is a controlled drug.  Also just like oxycodone and methamphetamine, it is sold on street corners in violation of law, although the sale of marihuana is at least ten times more common than either of the two others, or perhaps both combined.

However, marihuana is far more strictly controlled in practice, despite having far less potential for hazardous use (zero marihuana overdosages, ever, in Canada).  There is no Canadian pharmaceutical producer of marihuana (although synthetic tetra-hydrocannabinol is sold under the name Marinol for pain).  Therefore, the Canadian government grows a small amount of hemp, but trusts the balance to private farmers and hobby growers, who are almost always individuals and not businesses.  If a patient finds himself in need of medication, his doctor is to sign a form, and a marihuana card will be issued for one year to the patient.  This is almost never (I'm one of the exceptions, as I've got a card) done, even if it is clear that the patient is in urgent need of this vital medication.

After being shot down in flames numerous times, 37-year old Torontonian Matthew Mernagh was arrested for manufacturing, and possession, of marihuana (he was growing seventy plants in his St Catharines flat and suffered from depression, seizures, fibromyalgia, and scoliosis).  He, along with 21 other patients, took his charge to the Superior Court of Ontario, and, on 13 April, Donald Taliano J. ruled in his favour, declaring the laws regarding marihuana to be 'constitutionally invalid and of no force and effect'.  He gave the Canadian government an ultimatum: either reform the laws or appeal within 90 days, or else marihuana will become, for all intents and purposes, legal.  The case was covered in all sorts of media: pro-marihuana advocacy groups (of course!), established broadsheet newspapers, and network television.

Of course, with typical Canadian efficiency (or lack thereof), the government appealed.  On 22 June, granted a stay (effectively putting the judgement on hold, as it were) until the appeal.  In exchange, the trial is to be put on the fast track---the trial is due in six months (November) as opposed to twelve.  Robert Blair J. said, about the stay, '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, and it will invalidate many ongoing prosecutions involving commercial marijuana productions and possession offences before the appeal. While most people in the courtroom today would applaud such a result, there is much debate about this issue in this society, including about the pros and cons as to whether marijuana is a harmless but valuable therapeutic substance or whether its consumption has harmful effects that may outweigh those considerations in the absence of a controlled regime.'

This is disappointing (although Blair seems quite neutral), but what is even more disappointing is the lack of media coverage.  Only a few network television and radio stations covered the story; the rest were advocacy groups.  I don't smoke much, but I feel that people who dislike opioids (although I can't figure out why) need to have an alternative.

Why don't you get it, government people?!

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