Cancer Patient In Legal Limbo

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Martin Kaneva has been breaking the law each time he uses marijuana to ease the symptoms of his stomach cancer, even though he has a doctor's prescription for the weed.

Kaneva, former executive chef at Carmen's Banquet Centre, is entitled to what's known as a medical marijuana licence from Health Canada, but has been caught in a bureaucratic runaround and massive wait list since a Toronto internist prescribed the drug in June.

An increasing number of Canadians are caught in Kaneva's circumstance – although the exact number on the wait list is not known. MP Ujjal Dosanjh, federal Liberal health critic, says "the problem appears to be widespread."

"Forcing people who require medical marijuana to remain without licences because of delays effectively makes criminals out of patients," said Dosanjh, a former federal health minister.

"It's important to understand that if there is a legitimate need for medical marijuana, which is sanctioned by Canadian law, it is the government's obligation to make that process as smooth as possible. Many of these cases have a very tortured history."

Kaneva, 39, who has a feeding tube and a 50-50 chance of surviving, was diagnosed in December with metastatic gastric cancer requiring an extensive course of chemotherapy and radiation – treatment he hoped to manage in part with legally obtained marijuana.

But he's now almost finished the treatment, and Health Canada has still not delivered the promised permission for him to use marijuana for medical purposes – a licensing procedure that is supposed to take eight to 10 weeks. Late Friday, a Health Canada official called Kaneva to say the licence would be expedited by courier by the end of the day, but it still had not arrived Monday – almost five months after Kaneva applied.

So to stimulate his appetite, ease his depression and offset the pain while he waits, Kaneva continues to buy and use marijuana illegally, grinding it into a powder, then burning it in a vaporizer that converts the weed into an easily inhaled mist.

"This is about my rights," the once-energetic Kaneva said.

"It's not like I'm here partying. I'm medicating."

Kaneva's battle to get the authorization has included calls and callbacks from Health Canada asking for documentation he'd already sent, and dozens of broken promises to send the licence in what the government says should be a much easier process for those with end-of-life conditions or certain diseases, including cancer.

Health Canada does have "a temporary delay in processing applications," said spokesperson Christelle Legault, "due to a sharp rise in the number of applications received in recent months," although application numbers are not provided.

As of January 2010, the last month for which Health Canada provided figures, 4,884 Canadians – 1,873 of them in Ontario – had been authorized for medical marijuana under categories that allow patients to grow weed themselves or receive it from a supplier contracted by the federal government.

Kaneva said he intends to grow his own, in a non-residential location approved by a landlord, in small amounts that would save him money and aggravation.

Right now, someone has to drive him to Toronto to buy weed at a cost of about $200 an ounce from a compassion club he does not want to identify because the transaction is also illegal. He said he uses about two ounces a week, in small amounts – sometimes every hour – to give him the energy and pain relief to eat, shower or occasionally take a walk.

"The only other drugs I take right now are an acid reducer for my stomach and antibiotics for an infection around the feeding tube in my stomach," Kaneva said, noting that without the weed he would be limited to antinausea drugs and prescription pain relievers.


NewsHawk: MedicalNeed: 420 MAGAZINE
Source: thespec.com
Author: Joan Walters
Contact: The Spec : Contact us | TheSpec.com
Copyright: Metroland 2010
Website:TheSpec - Cancer patient in legal limbo
 
I have heard a few accounts such as this. It seems the Canadian governments health care program tends to back up frequently. I'm not sure if this is due to lack of personal or just sheer negligence but either way its a sad state of affairs. Too much red tape!
 
Arizona's new law (to take effect April 2011) has a provision whereby if the process takes longer than the prescribed time (10 days or such) to recieve one's card, the patient's doctor's recommendation is enough to allow purchases at a dispensary and to posess.
 
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