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When Marko Ivancicevic smokes a spliff in public, he does so where there are no children.
But he doesn't have to.
In fact, when using his medicinal pot, the 32-year-old from Oshawa can legally light up pretty much anywhere, except a place that has a liquor licence, or where a property owner tells him he can't. Municipal and provincial anti-smoking laws don't mention it, while Health Canada simply recommends not to smoke it in public.
The absence of explicit medical-weed smoking regulations can leave users confused as to where they're allowed to smoke up. Now, in light of an incident in Montreal where a woman using marijuana to medicate a nerve disorder was kicked out of an amusement park, legal experts and pot advocates are calling for more definitive rules to clearly spell out where people are allowed to smoke medical marijuana.
"It's a systemic issue that really needs to be addressed," said Ivancicevic, a longtime pot activist who smokes pot to alleviate pain from scoliosis, a club foot, and irritable bowel syndrome.
"It's very difficult on a day-to-day basis," he said, recalling instances where he's been asked to snuff out a joint, or given dirty looks, even if he's smoking next to people dragging on cigarettes. "I'm just hoping that as time goes on, regardless of which way the laws sway, that the community as a whole becomes a little bit more respectful of the need of individuals that use cannabis as a medicine."
The federal government first allowed people to apply for medical marijuana licences in 2000. Thirteen years later, there are more than 20,000 Canadians who can legally smoke or produce pot, according to Health Canada.
Health Canada spokesperson Sean Upton said Thursday that the department simply requires licensed marijuana users to obey any laws pertaining to the issue.
"It's a permit to possess, but it doesn't trump other laws," he said. "It's not a licence to smoke wherever you want."
But in the absence of provincial and municipal laws pertaining to medical marijuana use, it can be difficult to figure out where you're allowed to use it, said York University law professor Alan Young.
The Ministry of Health's Smoke Free Ontario Act, which stipulates where people can buy and consume tobacco in the province, doesn't apply to medical marijuana. Neither do Toronto smoking bylaws, according to city officials from Toronto Public Health and Municipal Licensing and Standards.
"A lot of things were left unsaid and untouched in the construction of the medical marijuana program," said Young. "To what extent do bar owners and other people have to accommodate medical marijuana users?"
The question has been put before the Ontario Human Rights Commission, which has upheld an existing stipulation of the Liquor Licence Act that prohibits venues from letting people smoke pot – or use any illegal drugs – on premises that are licensed to serve booze.
In 2011, a complaint brought forward by Ivancicevic ruled the legislation was sound, even when it comes to legal marijuana, because of concerns over second-hand smoke containing the active ingredient in weed.
On July 4, the commission also ruled against a licensed marijuana user who felt he was unfairly denied entry to a Kitchener restaurant when he repeatedly smoked up near the eatery's doorway.
"There has been conflict and at times it's been very emotional," said Young.
"When you're a sick person, you don't want to fight that battle. You just want to know what you can and can't do."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: thestar.com
Author: Alex Ballingall
Contact: Contact Us | Toronto Star
Website: Medical marijuana: Hazy laws leave users confused about where it?s legal to light up | Toronto Star
But he doesn't have to.
In fact, when using his medicinal pot, the 32-year-old from Oshawa can legally light up pretty much anywhere, except a place that has a liquor licence, or where a property owner tells him he can't. Municipal and provincial anti-smoking laws don't mention it, while Health Canada simply recommends not to smoke it in public.
The absence of explicit medical-weed smoking regulations can leave users confused as to where they're allowed to smoke up. Now, in light of an incident in Montreal where a woman using marijuana to medicate a nerve disorder was kicked out of an amusement park, legal experts and pot advocates are calling for more definitive rules to clearly spell out where people are allowed to smoke medical marijuana.
"It's a systemic issue that really needs to be addressed," said Ivancicevic, a longtime pot activist who smokes pot to alleviate pain from scoliosis, a club foot, and irritable bowel syndrome.
"It's very difficult on a day-to-day basis," he said, recalling instances where he's been asked to snuff out a joint, or given dirty looks, even if he's smoking next to people dragging on cigarettes. "I'm just hoping that as time goes on, regardless of which way the laws sway, that the community as a whole becomes a little bit more respectful of the need of individuals that use cannabis as a medicine."
The federal government first allowed people to apply for medical marijuana licences in 2000. Thirteen years later, there are more than 20,000 Canadians who can legally smoke or produce pot, according to Health Canada.
Health Canada spokesperson Sean Upton said Thursday that the department simply requires licensed marijuana users to obey any laws pertaining to the issue.
"It's a permit to possess, but it doesn't trump other laws," he said. "It's not a licence to smoke wherever you want."
But in the absence of provincial and municipal laws pertaining to medical marijuana use, it can be difficult to figure out where you're allowed to use it, said York University law professor Alan Young.
The Ministry of Health's Smoke Free Ontario Act, which stipulates where people can buy and consume tobacco in the province, doesn't apply to medical marijuana. Neither do Toronto smoking bylaws, according to city officials from Toronto Public Health and Municipal Licensing and Standards.
"A lot of things were left unsaid and untouched in the construction of the medical marijuana program," said Young. "To what extent do bar owners and other people have to accommodate medical marijuana users?"
The question has been put before the Ontario Human Rights Commission, which has upheld an existing stipulation of the Liquor Licence Act that prohibits venues from letting people smoke pot – or use any illegal drugs – on premises that are licensed to serve booze.
In 2011, a complaint brought forward by Ivancicevic ruled the legislation was sound, even when it comes to legal marijuana, because of concerns over second-hand smoke containing the active ingredient in weed.
On July 4, the commission also ruled against a licensed marijuana user who felt he was unfairly denied entry to a Kitchener restaurant when he repeatedly smoked up near the eatery's doorway.
"There has been conflict and at times it's been very emotional," said Young.
"When you're a sick person, you don't want to fight that battle. You just want to know what you can and can't do."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: thestar.com
Author: Alex Ballingall
Contact: Contact Us | Toronto Star
Website: Medical marijuana: Hazy laws leave users confused about where it?s legal to light up | Toronto Star
