An Ontario Superior Court judge has ruled that the federal medical
marijuana program is unconstitutional, giving the government three
months to fix the problem before pot is effectively legalized.
In an April 11 ruling, Justice Donald
Taliano found that doctors across the country have “massively
boycotted” the medical marijuana program and largely refuse to sign off
on forms giving sick people access to necessary medication.
As a result, legitimately sick people
cannot access medical marijuana through appropriate means and must
resort to illegal actions.
Doctors’ “overwhelming refusal to
participate in the medicinal marijuana program completely undermines the
effectiveness of the program,” the judge wrote in his ruling.
“The effect of this blind delegation
is that seriously ill people who need marijuana to treat their symptoms
are branded criminals simply because they are unable to overcome the
barriers to legal access put in place by the legislative scheme.”
Taliano declared the program to be
invalid, as well as the criminal laws prohibiting possession and
production of cannabis. He suspended his ruling for three months, giving
Ottawa until mid-July to fix the program or face the prospect of
effectively legalizing possession and production of cannabis.