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The Federal Court of Canada has struck down a ban on medical marijuana patients who want to grow their own pot.
The ruling came down on Wednesday as Judge Michael Phelan issued his ruling to the four B.C. residents who challenged the current medical marijuana regime. In his ruling, Phelan said the case was not about the legalization of marijuana, but rather the access of it for medical purposes.
“The court has concluded that the plaintiffs’ liberty and security interest are engaged by the access restrictions imposed by the Marijuana for Medical Purposes Regulations (MMPR),” said the ruling.
The judge ruled that the declaration of the invalidity of the MMPR will be suspended for six months to allow the government to respond and come up with a new medical marijuana regime. By simply striking down the MMPR, the judge would leave a legislative gap where possession of marijuana would continue to be a criminal offence.
The case was brought forward by B.C. residents Neil Allard, Tanya Beemish, David Hebert, and Shawn Davey.
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