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Ontario court affirms that medical marijuana regulations are unconstitutional.

https://arctichealth.org/en/permalink/ahliterature180394
Source
Can HIV AIDS Policy Law Rev. 2003 Dec;8(3):53-6
Publication Type
Article
Date
Dec-2003
Author
Gordon Cruess
Source
Can HIV AIDS Policy Law Rev. 2003 Dec;8(3):53-6
Date
Dec-2003
Language
English
Publication Type
Article
Keywords
Cannabis
Health services needs and demand
Humans
Ontario
Phytotherapy
Abstract
On 7 October 2003, the Ontario Court of Appeal upheld the Ontario Superior Court of Justice decision in Hitzig, which found that the Marihuana Medical Access Regulations (MMAR) represented an unconstitutional barrier to accessing a legal supply of marijuana for persons with a recognized medical need. The Court of Appeal tailored its remedial order by striking down the second specialist test required for certain applicants, and eliminating the unconstitutional eligibility and supply provisions, rather than declaring unconstitutional the entire MMAR as the lower court had done. The court's declaration was made effective immediately, in order to maintain the prohibition for non-medicinal possession of marijuana under section 4 of the Controlled Drugs and Substances Act (CDSA), and to constitutionalize the medical exemption for marijuana possession created under the MMAR.
PubMed ID
15108659 View in PubMed
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