The Crown has until this Thursday to decide if it will appeal Justice Michael Phelan’s ruling on the Allard case, but lawyer John Conroy said he won’t wait to try and expand access to thousands of medical patients across the country.

Conroy said, while he’s not sure what the government will do in regards to an appeal, the situation has changed from when the court case began.

“It’s a different government than the one that initiated this whole thing and it’s a government that’s said they’re wanting to legalize,” said Conroy. “So our inclination is to think that they might not appeal – but you never know.”

Conroy said there’s also the chance that, regardless of an appeal, the government may still try to push back the six month window they’ve been given to rewrite their regulations.

“Hopefully we’re in a situation where they’re working on drafting the new regulations and can, at least, do so quickly with respect to people who were previously covered so there’s a new program in place,” Conroy said.

Appeal or not, Conroy will be back in court Apr. 22 requesting that those MMAR patients who had their licenses, but weren’t covered by the original injunction, have their right to grow returned to them.

Conroy said, based on government statistics, there are around 10,000 MMAR patients who had their licenses expire before a court injunction allowed patients to maintain their personal grow under the old rules.

“We’ve got patients who’ve been doing without, or have had to go to LPs or dispensaries who can’t really afford it, who need to be able to get back to producing for themselves,” he said. “You’ve still got all of these people whose constitutional rights are being violated. We’re going to ask him to cover everybody who was in the database in 2013.”

Conroy said there’s no reason that, after the request is made, MMAR patients won’t be able to begin growing again immediately, as the government already has the database of all patients under the old regulations.

Also being requested at the April court hearing is a provision for patients to move their grow site.

Since the MMAR began, Conroy said license holders have had to move for a variety of reasons overt the years, including marragie, divorces, landlords giving notice or natural disaster, but once patients leave the address listed on their license, they are in violation of regulations.

“The office of medicinal cannabis at Health Canada keeps track of calls from the police and they dig up information for police on all these licenses, so we don’t know why they can’t simply keep track of a new address – so we don’t have people who end up getting warrants executed simply because they had to move,” Conroy said.

The main issue for authorities is being able to verify what is an isn’t a legal grow, Conroy said, and, as long as they have an address, it should satisfy regulations.

With the framework of the MMAR already in existence to work off of, Conroy said the government shouldn’t need too much time to prepare the changes to the MMPR required by the Allard decision.

“They’ve got six months to revise the regulations which, as the courts said, shouldn’t take that long – it’s not as if they have to go back to Parliament,” said Conroy.
  • Ron Nemeth

    The Harper controlled Health Canada put together the unconstitutional MMPR regulations in no time so 6 months to fix it is more than enough time. All they really have to do is include the growing allowances which were in the MMAR and give ALL patients, past and present, that option, include the address change process which was in the MMAR and renew the possession/production licenses of all MMAR patients. It wouldn’t take more than a day to make these amendments. They always seem to make things way more complicated than necessary. Same with legalizing for recreational use. It couldn’t be any more simple. Remove cannabis from the CDSA…put in age limits for each province just like alcohol and create a system for any cannabis minded entrepreneur to open a small business. End of story.
    Boozehounds are allowed to produce limitless amounts of beer and wine in their basements, possess limitless amounts including fully stocked bars with any brand their heart desires in mancaves all across the country, both with no security preventing THEIR children from twisting a cap and literally being poisoned as well as the option to purchase limitless amounts for ANY “special” occasion with shopping carts in every LCBO. Until cannabis using adults are given the EXACT same options and choices, the upcoming “legalization” will be a total facade and nothing other than repackaged discrimination. Enacting scientifically unproven cannabis “impairment” levels of 5 nanograms to criminally charge users who drive, dole out fines and suspend their license for a year just to appease the anti cannabis/MMAD crowd is a perfect example of the repackaged discrimination we can expect. Most med users have more than 5ng in their system 24/7 and are far from being “impaired” so what, thousands of med users are going to have to choose between their medicine and being allowed to drive? I don’t think so. While people that use opiates have nothing more than a caution on THEIR pill bottles? “Use caution when driving or using heavy machinery”??? Until the government can PROVE an actual amount that actually impairs everyone EQUALLY like .08 does with booze as well as a duration of the impairment, just like booze takes 1 hour to clear the system, we cannot allow them to implement untested, unproven limits of 5ng strictly out of the same fear mongering that made cannabis illegal for the last 70 years and ruined millions of users lives and tore apart millions of peaceful, loving families, sending parents to prison and children to be raised by complete strangers in ChildrensAid facilities which lead to lifetime psychological trauma for millions of children AND their parents who were locked in cages like animals alongside murderers, rapists, pedophiles and violent psychopaths. All because of fear mongering and bullshit lies and propaganda. Enough is enough already.