Nov 22 2004
Submission of the Canadian AIDS Society on
the Proposed Amendments to the Marihuana
Medical Access Regulations (October 23, 2004)
http://www.cdnaids.ca/web/backgrnd.nsf/cl/cas-gen-0089

[....
MMAR & Hitzig Decision (Ontario Court of Appeal)

The Hitzig decision (Ontario Court of Appeal) (8) struck down three
provisions of the MMAR, as they existed at that time: (1) limit on one
person holding more than one licence to grow; (2) limit on licence
holders growing in common with more than two holders; and (3) the
prohibition on designated growers charging for doing the work.
Despite the fact that these provisions were found to be unconstitutional
and of no force and effect, in the 2003 amendments, Health Canada
re-enacted the same provisions that the court struck down under (1)
and (2). Health Canada repealed the third provision and the MMAR
now enables designated growers to get paid.

We CALL on Health Canada to comply with the Ontario Court of
Appeal's ruling and REQUEST that section 41.(b) and section 54 be
removed from the MMAR.

Section 41.(b)
We STRONGLY DISAGREE that a designated person should be
refused a licence to produce EVEN IF they would be the holder of
more than one licence to produce. Issuing licences to produce for
more than one person to the same designated grower makes sense
in that it takes advantage of a grower's knowledge and expertise,
existing equipment and facilities. This would also result in FEWER
licenced producers, thus rendering it easier to monitor and regulate.

Section 54
We also DISAGREE with this section that deems that a holder of a
licence to produce shall not produce cannabis in common with more
than two other holders of licences to produce. Again, grow
co-operatives are cost-efficient, and maximize the knowledge and
expertise of more people. They also ensure that more people are
involved, and security can be enhanced. There is less dependence
on the same person or few people to be on the premises at all times.
Grow-operatives also result in FEWER sites producing cannabis for
therapeutic purposes, in that fewer individual licences to produce will
have to be issued.

WITHOUT ELIMINATING THESE LIMITATIONS,
authorized persons and other seriously and chronically ill Canadians
will continue to seek other sources and buy-in into this program will
continue to be low.

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