Canada court rules medical marijuana patients can grown own pot

By Julie Gordon
VANCOUVER, Feb 24 (Reuters) - A federal court judge in
Vancouver on Wednesday ruled that medical marijuana patients
have the Constitutional right to grow their own cannabis,
striking down a ban introduced by Canada's previous Conservative
government.
The court suspended its decision for six months to give
Ottawa time to respond.
A group of British Columbia residents took Canada to court
in 2013, arguing a new law requiring medical marijuana patients
to buy their cannabis from licensed producers, instead of
growing their own, was unconstitutional.
They said marijuana grown under the government system was
too expensive and did not allow them to control the strains and
dosages of their treatment.
The government, which overhauled its medical marijuana
program in 2013, argued that its mail order system was safer for
both the patient and other Canadians, who could be negatively
impacted by unsafe home grow-ops.
In his decision, Federal Court Judge Michael Phelan said
that restrictions imposed by the Marihuana for Medical Purposes
law were arbitrary.
"The access restrictions did not prove to reduce risk to
health and safety or to improve access to marihuana - the
purported objectives of the regulation," he wrote.
The Canadian government must now decide if it will appeal
the decision.
Prime Minister Justin Trudeau, elected in October, pledged
during his campaign to regulate and legalize recreational
marijuana, though his ruling Liberals have not addressed their
plans for medical marijuana at length.
Last June, Vancouver city councillors voted to license
marijuana dispensaries, which operate outside the current
federal framework, becoming the first Canadian city to regulate
retailers selling the drug.
Shares of medical marijuana producers plunged on Wednesday
after the ruling, with Canopy Growth Co CGC.V falling 10.79
percent to C$2.81, OrganiGram Holdings OGI.V dropping 9.88
percent to 73 Canadian cents and Aphria Inc APH.V down 12.4
percent to C$1.13.