Province Ordered To Pay For Medical Pot

Advocates of medical marijuana are hailing a landmark Nova Scotia court ruling, hoping it leads the way to taxpayer-funded pot supplies for low-income patients across Canada.

Last week, the Nova Scotia Supreme Court ordered the province to pick up the tab for the medical marijuana smoked by Sally Campbell, a chronically ill woman on welfare.

Some provinces already pay for the marijuana prescribed to patients under workers' compensation. Since 2008, the federal government has also paid for the marijuana consumed by a handful of military veterans receiving disability benefits.

But until now, no province has covered the cost of doctor-prescribed marijuana for people on social assistance, according to a cross-Canada survey by the Nova Scotia government.

"This is a new and developing area of law. I'm not aware of any precedent in this area," says Kirk Tousaw, a Vancouver Island lawyer who represents people seeking licences for the medical use of marijuana.

Tousaw says the Nova Scotia ruling may not immediately or directly influence the law in other provinces. However, "it does represent a court saying that this particular drug deserves to be financially covered in certain circumstances," he says.

"I think it's a very positive development, and I think the ruling is going to benefit people in other provinces who are seeking to make similar claims."

Even more optimistic is Chad Clelland, the director of community relations for Medicalmarijuana.ca-- a national coalition of doctors, patients and pot-growers that has spent years helping low-income Canadians find affordable sources of medicinal pot.

"It would be fantastic if this case opened the door in other provinces, if it helped needy patients get affordable access to marijuana," he says.

Roughly 4,000 Canadians are licensed by Health Canada to use and possess pot. Like Campbell, many are beset by chronic illnesses that make it difficult for them to work. As a result, many can't afford the hundreds of dollars it costs to buy the marijuana doctors say they need.

Less happy about the matter is the Nova Scotia government, which for years fought Halifax resident Campbell's request for an increase in her provincial income assistance to pay for her monthly pot supply.

Campbell suffers from chronic hepatitis C and fibromyalgia, and has a licence from Health Canada to use marijuana to alleviate her symptoms.

The court ruled that since Parliament has made marijuana legal for medical purposes, and since the drug is "essential" for Campbell's quality of life, its costs should be covered by the province in the same way prescription drugs are covered for people on income assistance.


NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Vancouver Sun
Author: Richard Foot
Contact: The Vancouver Sun
Copyright: 2010 Canwest Publishing Inc.
Website: Province ordered to pay for medical pot
 
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