Medical marijuana law goes up in smoke
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* Steven Wharry

The federal government has a year to devise a better way to monitor who can use marijuana for medical purposes after an Ontario Court of Appeal ruling that the federal law prohibiting the possession of marijuana is unconstitutional.

”This seems to be a clear message from the courts to the federal government saying, ’Wait a minute, you have to get your act together on this,‚ ” says Dr. Norbert Gilmore, associate director of the McGill Centre for Medicine, Ethics and Law. He says decisions on who can use marijuana for medicinal purposes are difficult to make, mainly because most existing research has focused on the drug‚s toxicity and not on potential benefits. ”We need a better way to deal with those who rely on marijuana to alleviate their pain and suffering. Just slapping criminal sanctions on them is not enough.”

Last October, Allan Rock lifted those criminal sanctions for 14 Canadian suffering from a range of illnesses, including AIDS and multiple sclerosis. This allowed them to grow and use marijuana without fear of arrest. The list has since grown to about 40 people.

Obtaining the drug legally and proving its medical benefit are just 2 of many issues that are not dealt with under current federal law and must be addressed, according to both Gilmore and the Ontario Court of Appeal.

”Medically this is a very confusing area, but the bottom line is that the medicinal use of marijuana must be separated from recreational use,” said Gilmore. ”Many people believe it is helpful to them and they are using it for relief, not to get high.” — 

![Figure1](http://www.cmaj.ca/https://www.cmaj.ca/content/cmaj/163/5/581.1/F1.medium.gif)

[Figure1](http://www.cmaj.ca/content/163/5/581.1/F1)

Figure. Catherine Devries, 1 of about 40 Canadians legally entitled to smoke marijuana, lights up in Kitchener, Ont., after a judge ordered police to return 21 g of the drug to her. Photo by: Canapress