Medical marijuana users relieved
Federal Court grants injunction on new pot rules, allowing people to keep plants
Daniel Campbell
Northern News Services
Published Wednesday, March 26, 2014
SOMBA K'E/YELLOWKNIFE
Licensed growers and users of medical marijuana in Yellowknife breathed a sigh of relief on Friday, after the Federal Court granted an injunction allowing them to continue growing and possessing under the old rules.
Local medical marijuana advocate Kim MacNearney says she's relieved the Federal Court granted an injunction on new marijuana regulations, allowing her to continue to possess her stocks under the old rules. - photo courtesy of Kim MacNearney |
Changes to medical marijuana regulations which would restrict users to buying from government approved grow operations were set to take effect on March 31.
Kim MacNearney, a local marijuana advocate, said the new regulations would force her to destroy her stores of medicine and increase the price when buying new stock.
MacNearney is licensed to consume 12 grams of marijuana per day to help with her chronic back pain issues.
"I certainly would have to limit my intake and change my daily amount," MacNearney said.
"That's horrifying, honestly. It's a huge deal."
But with the injunction, those licensed under the old regulations can continue to buy and produce under the old rules.
Until the matter is decided by trial, the court ordered, however, that users can only possess up to 150 grams at a time.
A coalition against the government's repeal of the old regulations has formed, with members across Canada. They'll challenge the new regulations in court in the next nine to 12 months.
MacNearney, who signed on to the coalition, said the injunction will give them some breathing space.
"I know there's people in town and the territory who are impacted by this," she said.
According to Health Canada, there are 30 people licensed to possess medical marijuana in the Northwest Territories, with a further seven authorized to produce it under the old regulations.
While the injunction allows MacNearney to continue to treat her medical condition, she's worried about what might happen if the coalition loses and the new regulations come into force.
Under the old rules, MacNearney can buy from a licensed grower for around $1 per gram. She said those growers can often help customize their medicine to her needs.
"That's how it always worked. It's those people that you have a personal connection with. You work out your needs, strains and you come to a good equilibrium where you can take care of your symptoms. "
The new regulations, should they come into affect, would have her paying up to $8 to $12 per gram.
"I guess that's what the street value is? That seems wrong," she said.
"It's like you've been given a prescription, but somehow you have to go to the black market to get it."
Adding to her frustration, MacNearney said she was told by Health Canada she would need to destroy her existing plants, as they would be illegal under the new regulations.
Their suggestions included blending her marijuana with cat litter and water and leaving it on the curb to be picked along with the rest of her trash.
She'd have to write a letter to Health Canada promising she'd done so, MacNearney says with a laugh.
According to Health Canada, those who refused to comply with the regulations would have their information provided to local police.
Yellowknife RCMP declined to comment on what, if any action, they might have taken against those licensed under the old rules. They said they would follow direction from Ottawa.
Cpl. David Falls, spokesperson for the RCMP in Ottawa, said they won't speculate on what they might have done had the injunction not been granted, but confirmed they respect the court's decision.
"The RCMP supports efforts to ensure persons permitted by law to have access to marijuana for medical purposes do have that access," Falls stated in an e-mail.
He added the Mounties have no tolerance for illegal use of the drug.
"Any person found to be conducting illicit drug activities (whether licensed under a medical marijuana regime or not) can be subject to an investigation and/or prosecution under the Controlled Drugs and Substances Act."
MacNearney said she is willing to help anyone in town who might have questions about the regulations.
In December, MacNearney and her husband Craig were convicted of growing and possessing marijuana illegally in 2009. They argued they grew their own to help with her back pain, and did so illegally out of fear of repercussions in the community. After being charged, MacNearney applied and was granted a licence to possess medical marijuana.
She said she's busy organizing the local 4/20 march in April and hopes to see more supporters come out for this year's event.
