Compassion Club Can't Sell Pot, Court Rules

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A federal court has upheld a decision to deny the Northern Ontario Compassion Club a licence to grow and distribute medical marijuana.

In a letter to the minister of health, on March 8, 2012, Ryan McIlvenna, the owner of the Northern Ontario Compassion Club, a local organization, made a request to be able to "provide the production and supply of marijuana, or any of its other forms, to sick or disabled persons or individuals" who had Health Canada approval to use medical marijuana.

But the director of the Bureau of Medical Cannabis replied on March 20, 2012, that Health Canada does not licence compassion clubs or dispensaries to possess, produce or distribute marijuana for medical purposes.

"Health Canada is the only organization that can legally supply marihuana seeds and dried marihuana to persons authorized to possess and/or licenced to produce marihuana for medical purposes," the director wrote.

On April 13, 2012, McIlvenna wrote to Health Minister Leona Aglukkaq a second time and asked for a second chance to approve his request.

McIlvenna said in his second email that he intended for the Northern Ontario Compassion Club to have three components: A medical marijuana licensing centre, a distribution centre and a growing facility.

The licensing centre, McIlvenna wrote, would have a doctor on staff who would be able to grant medical marijuana licences to patients so they can receive up to 70 g of cannabis per week. The growing facility would consist of a farm "or group of farms" in Canada that would produce the compassion club's marijuana.

Health Canada once again rejected the second request.

Federal Court Justice Peter Annis supported the denial of McIlvenna's request. Annis noted that McIlvenna did not provide any valid reasons to receive an exemption under the Marihuana Medical Access Regulations, which govern access to medical marijuana.

"The magnitude of the deviations from the current (Marihuana Medical Access Regulations) provisions which the applicants sought if allowed would amount to a complete rewrite of the regulations and give rise to the serious risks of abuse described by the minister," Annis wrote.

He added McIlvenna and the Northern Ontario Compassion Club free to resubmit their request to the minister of Health with more complete supporting evidence.

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News Hawk- Truth Seeker 420 MAGAZINE ®
Source: thesudburystar.com
Author: Jonathan Migneault
Contact: Contact-us | Sudbury Star
Website: Compassion Club can't sell pot, court rules | Local | News | Sudbury Star
 
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