A Victoria judge who praised an advocate for the medical use of marijuana says that either Parliament or the Supreme Court must resolve the legal issues surrounding the therapeutic use of the illegal drug. Provincial Court Judge Robert Higinbotham granted an absolute discharge to Philippe Lucas, who had pleaded guilty to possessing about 3 kg of marijuana. Higinbotham said Lucas had merely “provided that which the government was unable to provide: a safe and high-quality supply of marijuana to those needing it for medicinal purposes.”
Lucas runs the Vancouver Island Compassion Society (see CMAJ 1999; 161 [8]:1024), which provides marijuana to about 250 members who have been referred by their doctors. Higinbotham lauded Lucas' motives, transparency and meticulous record-keeping in operating the club, a registered nonprofit society (www.thevics.com). The judge also cited the measures the club has taken to prevent redistribution of the marijuana by members.
Lucas' troubles began when he called police after a burglary at the Compassion Society. He says the club had enjoyed a good relationship with the police since it opened in 1999. The thief was caught, but Lucas was charged with possession of marijuana. Since the court decision was announced, Lucas has seen a surge in requests for information about the club, and the doctors supporting him “have been extremely buoyed by the decision. There are many doctors in Victoria who would rather send patients to us than go through the legal Health Canada program [www.hc-sc.gc.ca/hecs-sesc/ocma/index.htm], and I think that is very telling.” About 80 physicians refer patients to the club, which verifies all referrals. Most of the patients have AIDS, hepatitis or cancer.
Lucas, who has a legal exemption to use the drug because of hepatitis C contracted via a blood transfusion, hopes the court decision will spur federal action. — Heather Kent, Vancouver