Canadian laws

Dsarush

Member
Ola.

I just got my patient card through Natural health Services. When I asked them about growing my own they said it's not allowed still however the federal government is allowing patients to grow their own.

What's the current law? How does this work?

Sorry if this has been asked many times.
 

VIANARCHRIS

Well-Known Member
Ola.

I just got my patient card through Natural health Services. When I asked them about growing my own they said it's not allowed still however the federal government is allowing patients to grow their own.

What's the current law? How does this work?

Sorry if this has been asked many times.
Only those covered under the old mmar are allowed to grow currently. The courts have said everyone must be allowed to grow, but the gov. has until August to get their shit together. Use your patient card to buy from a dispensary or just buy from your normal source.
 

Dsarush

Member
Only those covered under the old mmar are allowed to grow currently. The courts have said everyone must be allowed to grow, but the gov. has until August to get their shit together. Use your patient card to buy from a dispensary or just buy from your normal source.
Didn't the Court ruling dismiss the law for 6 months? Meaning patients CAN grow their own? I'm so lost. I've been searching for an official answer for a while now. I e-mailed a group of Lawyers dedicated to cannabis in Canada but am waiting for a reply still.

Sounds like Guelph lol if that wasn't your case grow.
That's in Ontario right? Didn't they just pass a law stating patients can grow there?
 

cannadan

Well-Known Member
sorry but just doing it is the only way right now.
Some of us will just cut to the chase...after a long long fight...and just tell you how it is.
Redi's advice was good....
most of us have been at this for some time now.... so if you just got prescribed your only
recourse is to buy from an lp or compassion club or grey market, or the black market.
only those who held valid licences back in 2013/2014 are covered by the injunction....

all those things being said...you have a valid medical right and you can exercise it
if you get caught you maybe still get busted but you won't be convicted.
this season should see lowest amount of cultivation busts....since they are becoming hard to
justify to the courts.
 
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Dsarush

Member
I didn't see that you edited your post sorry. I found a used 400w mh with new bulbs for $40 so i'm thinking I may end up growing 1-4 plants and some vegetables. ;)
 

GrowRock

Well-Known Member
That's alright..
I'll figure something out.
No court in Canada will convict you for growing if you have medical need. They can't say that my medical need allows me to grow but because you fell ill on such and such a date your medical need is less then mine hints our charter right section 7 the right to life and liberty....
 

Dsarush

Member
No court in Canada will convict you for growing if you have medical need. They can't say that my medical need allows me to grow but because you fell ill on such and such a date your medical need is less then mine hints our charter right section 7 the right to life and liberty....
Ill just try to keep it low key as possible.. Hopefully in August they'll make it legal for any patient to grow.
 

JungleStrikeGuy

Well-Known Member
Didn't the Court ruling dismiss the law for 6 months? Meaning patients CAN grow their own? I'm so lost. I've been searching for an official answer for a while now. I e-mailed a group of Lawyers dedicated to cannabis in Canada but am waiting for a reply still.


That's in Ontario right? Didn't they just pass a law stating patients can grow there?
In cases where a law is found to be unconstitutional, generally that declaration will be suspended for a period of time to allow the government to craft a new law. So while the MMPR has been found to be unconstitutional, it is still 'in effect' until the new rules are revealed in August. This is generally done so there isn't mayhem as laws fall off the books without giving government a reasonable amount of time to remedy.

Not sure what law you're referring to in Ontario, but when it comes to medical, it has to come from the federal government. Until legalization happens and cannabis is still on the CDSA, it's a federal matter.

Also take 'no court in canada will convict you' with a grain of salt, it's an oft repeated slogan that doesn't have any basis in law. The s.7 principles laid out in R v Parker and later 'clarified' in R v Mernagh do not mean patients have unlimited rights to consume whatever they want regardless of its legal status.
 

Rusher

Well-Known Member
In cases where a law is found to be unconstitutional, generally that declaration will be suspended for a period of time to allow the government to craft a new law. So while the MMPR has been found to be unconstitutional, it is still 'in effect' until the new rules are revealed in August. This is generally done so there isn't mayhem as laws fall off the books without giving government a reasonable amount of time to remedy.

Not sure what law you're referring to in Ontario, but when it comes to medical, it has to come from the federal government. Until legalization happens and cannabis is still on the CDSA, it's a federal matter.

Also take 'no court in canada will convict you' with a grain of salt, it's an oft repeated slogan that doesn't have any basis in law. The s.7 principles laid out in R v Parker and later 'clarified' in R v Mernagh do not mean patients have unlimited rights to consume whatever they want regardless of its legal status.
Nice summary.

I appreciate you posting this.
 

GrowRock

Well-Known Member
Also take 'no court in canada will convict you' with a grain of salt, it's an oft repeated slogan that doesn't have any basis in law. The s.7 principles laid out in R v Parker and later 'clarified' in R v Mernagh do not mean patients have unlimited rights to consume whatever they want regardless of its legal status.
I see what you are saying but the patient is allowed to consume whatever his or her doctor has prescribed to them not (unlimited). As for our constitution espeacially s7. Every person in Canada has the exact same charter rights so to say that patient A has a right to grow for medical need with a doctors prescription then patient B has the exact same illness but recieved diagnosis and doc prescription after a certain date means they do not have a right to affordable meds. is an infringement of patient s7 charter right.

From my understanding o_O
 
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Dsarush

Member
In cases where a law is found to be unconstitutional, generally that declaration will be suspended for a period of time to allow the government to craft a new law. So while the MMPR has been found to be unconstitutional, it is still 'in effect' until the new rules are revealed in August. This is generally done so there isn't mayhem as laws fall off the books without giving government a reasonable amount of time to remedy.

Not sure what law you're referring to in Ontario, but when it comes to medical, it has to come from the federal government. Until legalization happens and cannabis is still on the CDSA, it's a federal matter.

Also take 'no court in canada will convict you' with a grain of salt, it's an oft repeated slogan that doesn't have any basis in law. The s.7 principles laid out in R v Parker and later 'clarified' in R v Mernagh do not mean patients have unlimited rights to consume whatever they want regardless of its legal status.
Yea I know, if you try to challenge the law they'll try their hardest to not lose.
 
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