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Supreme Court of Canada won't hear appeal of medical marijuana case


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In a nutshell, it was the law that licensed growers of medical marijuana were only allowed to grow for a single person; him or herself, or another person - but only one. The relevance of the judgment at issue is that it says that such licensed growers should be allowed to supply as many people as need the product, so long as they are prescribed the drug for medical reasons. Given that the Supreme Court of Canada won't hear an appeal of that judgment, that means that all appeals are exhausted, and the judgment is now the law:

Supreme Court of Canada won't hear appeal of medical marijuana case


OTTAWA - The Supreme Court of Canada will not hear an appeal of a lower court ruling that effectively loosened Ottawa's control over access to medicinal marijuana.

The federal government had essentially controlled a monopoly over medicinal marijuana by concentrating its growth at an underground mine in Manitoba, and through only allowing commercial growers to provide the drug to one customer at a time.

Authorized patients were also allowed to grow their own supply of marijuana.

The government argued that growing its marijuana predominantly at one source was the only way to provide a safe and sufficient supply.

In January 2008, a Federal Court judge declared the government's Medicinal Marijuana Access Regulations invalid on the grounds that they violated the charter rights of patients and their ability to rightfully access the drug.

The Ontario Court of Appeal had also made a similar ruling previously and the federal government unsuccessfully appealed both decisions.

A panel of Federal Court judges said they were concerned that Health Canada didn't appear to have a good sense of whether patients'needs were being met by the government's marijuana supply.

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