Canada's federal regulator of medical marijuana is preparing to overhaul the system.
Courts have ordered Health Canada to loosen rules at least eight times in the past decade, and twice in the past year, after complaints about bureaucratic hoops, long waits and poor quality.
Most recently, Ottawa nudged open limits on authorized growers after courts found federal rules to be arbitrary. "The government's most recent response has been downright contemptuous of the court cases," said legal scholar and activist Alan Young. "Their arbitrary rules are still arbitrary."
Health Canada has not said how long the review will take, while saying the latest steps are only interim measures. Prof. Young and activists have met with Health Canada officials and will offer proposals.
After courts found a constitutional right to use medicinal marijuana in the 1990s, the federal government started licensing users and supplying weed. Health Canada had 4,671 licensed patients in May. At least five times that many users buy from illegal clubs, and untold thousands buy underground.
With the Conservatives cracking down on crime, activists say the government is unlikely to voluntarily loosen up the pot system. Prof. Young is planning to use ongoing criminal cases to challenge federal restrictions, police authority to raid and shut down growers and clubs, and the very law banning possession.
"This has gone on too long," said Prof. Young, who has already won several court challenges on the issue. "It's time to bring out the heavy guns."
However, Prof. Young says he suspects the Crown will drop charges against "legitimate" medicinal clubs rather than risk having courts gut marijuana laws. This grey area of the law may stay that way.
Les Perreaux