Current status of medical Marijuana around the world

Spliff Twister

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Albania
In spite of laws prohibiting growing and possessing cannabis, enforcement has been virtually nil. There have been fewer than ten arrests in five years.

Australia
After politicians in the Australian Capital Territory voted to allow doctors to determine when cannabis was appropriate for their patients, intense lobbying by the federal government resulted in the legislation being overturned.

Belgium
Though the drug still illegal, the Belgian government has recently initiated trials to determine the effectiveness of medical marijuana, and may soon decriminalize possession of small amounts.

Cameroon
Growing cannabis for any reason is legal, though AIDS and cancer patients are not allowed to use the drug to treat their symptoms.

Canada
In Hitzig v. Canada, a court again declared Canada's Marihuana Medical Access Regulations unconstitutional "in not allowing seriously ill Canadians to use marijuana because there is no legal source of supply of the drug." In effect, this means that Canadians can not be prosecuted for using marijuana medically because the Marihuana Medical Access Regulations gives patients the right to do so, but does not set up any legal apparatus for obtaining cannabis.

Back in July 2000, in the 'Parker' (epileptic Terry Parker) decision, another judge had made a declaration of invalidity of Canada's drug laws as they relate to the 'simple possession' of marijuana due to the lack of a reasonable exemption from the law for medicinal use. The Canadian government was given one year (a suspension of the declaration of invalidity) to remedy the situation, and created the Marihuana Medical Access Regulations. These regulations have been repeatedly deemed unconstitutional in a series of court decisions including 'Hitzig.'

In a similar case based upon these decisions, lawyer Brian McAllister argued on behalf of a 16 year old that because the Canadian government, after setting up the MMAR, never re-enacted the relevant section of the Controlled Drugs and Substances Act, Canada effectively has no prosecutable laws prohibiting the 'simple possession' of any amount of cannabis.

Representatives of the United States federal government have claimed that decriminalizing cannabis in Canada may disrupt border trade and relations between the two countries; many Canadians believe that this remains the primary obstacle to decriminalization in Canada. There is some belief that American egotism or desire to be "the world's policeman" is a factor in its attitudes.

Canada produces about 400kg of medical marijuana annually, in an abandoned mine in Flin Flon, Manitoba.

Germany
Like mentioned in the general part, use is legal, and possession of small amounts is not enforced.

Israel
A small number of people have been granted special permission to use cannabis for medical uses by the Health Ministry.

Jamaica
Cannabis possession remains illegal for any reason, though enforcement is scarce. A recent panel recommended legalizing possession for adults for recreation or medical use.

Japan
All THC-containing forms of cannabis have been illegal since 1948, when the occupying forces of the United States enacted the Hemp Control Law after World War 2.

Luxembourg
Cannabis possession is now legal for adults for recreational or medical uses as long the possessor is not near a campus and no children are involved. A loophole in the law makes it impossible for police to search or seize cannabis, making enforcement difficult.

Netherlands
Cannabis has been legally available for recreational use in coffee shops for several years. Thus it has also been available without a prescription for medical uses. In addition, since 2003 it is a legal prescription drug, available at the pharmacy. There it costs more than in the coffee shop: ca. €9 per gram. See Drug policy of the Netherlands.

New Zealand
Health Minister Annette King has stated that she is not "unsympathetic to using cannabis in a medicinal form. But that's different to saying we should let everybody smoke it." Her official position is that more conclusive studies are needed, and a method of regulating dosage is necessary before she support medical access to cannabis.

Scott David Findlay, a paraplegic, was convicted of cannabis charges. The judge, Robert Spear (Dunedin District Court) offered to allow community service instead of imprisonment, but Findlay does not recognize the validity of New Zealand's cannabis laws and would not perform community service. Judge Spear claimed this was a "hollow protest" that he was nonetheless allowed to make, and sentenced him to three months imprisonment.

Portugal
Since 2001, possession of any drug for personal use has been legal, though sale and trafficking are still criminal offenses.

Switzerland
Though all possession and cultivation remains illegal, the Upper House of Parliament has moved towards allowing for decriminalization. Practically, marijuana laws are rarely enforced.

United Kingdom
In 1998, a House of Lords inquiry recommended that cannabis be made available with a doctor's prescription. Though the government of the UK has not accepted the recommendations, new long-term clinical trials have been authorized. Increasingly, juries have returned verdicts of "not guilty" for people charged with marijuana possession for medical use.

In 2003, GW Pharmaceuticals, the UK company granted the exclusive licence to cultivate cannabis for medicinal trials announced the completion of its clinical trials. The company has said that it is on track for obtaining regulatory approval to license the manufacture and sale of a cannabis based medicine starting in 2004.

United States
Medical marijuana is illegal for any reason at the federal level. However thirty-three states and the District of Columbia have legislation on the books which allows for medical exemptions to state marijuana laws. Seven states have made recent attempts to enforce these regulations, with California being the most notable. Drug Enforcement Administration agents have recently arrested several medical marijuana growers and sellers whose actions, while legal under state law, still violate federal law. Under Proposition 215, Californians are allowed to have access to medical marijuana. Several jurisdictions, including Oakland, California and San Mateo County, California have announced plans to distribute medical marijuana to patients. Ed Rosenthal, who worked on behalf of the city government of Oakland, was recently convicted on marijuana charges in a federal court. Since the trial, the jurors who convicted him have unanimously spoken out arguing that the trial was not fair and that they regret their conviction, because evidence that Rosenthal was working on behalf of the city and was told by DEA agents and city officials that he was immune to prosecution was suppressed as irrelevant to the trial.

Washington state Initiative 692, passed by the voters in 1998, also authorizes the medical use of marijuana. On 2 November 2004, the voters of Ann Arbor, Michigan had also passed a similar resolution with 75% approval.

The official policy of the federal government in the United States is that medical marijuana is a myth, promulgated by activists who have the eventual goal of legalizing all drugs.
 
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