Authorized home growing by medical marijuana users can continue past April 1 after an injunction was granted Friday by a Federal Court judge.

Medical marijuana users win court-ordered reprieve

Injunction allows authorized home pot growing to continue past April 1, until trial

Medical marijuana users have won a last-minute court reprieve that allows them to keep growing their own pot at home instead of destroying it and turning to new federally licenced commercial suppliers.

Federal Court Judge Michael Manson granted a temporary injunction Friday for those with a personal production licence to continue to grow medical marijuana, pending the outcome of a constitutional challenge still to be heard.

Health Canada’s new regulation outlawing personal growing had been slated to take effect April 1, but the decision throws a wrench into the Conservative government’s pot reform plans.

Medical marijuana users and their supporters are jubilant.

“I’m very excited,” said Sandra Colasanti, a member of a coalition seeking to repeal the new rules who said she doesn’t use pot but her husband needs it.

“I’ve seen a lot of people who have everything from MS to cancer to full-blown AIDS and I’ve seen people die if they don’t have access to this.”

She said she’s optimistic the action launched by Abbotsford lawyer John Conroy will succeed when it goes to trial. No date has been set but it’s expected sometime this year.

The federal government cited widespread problems with the current system of permitted medical marijuana users growing pot at home or having other designated growers do it for them.

Colasanti said the coalition doesn’t deny there are problems with the old system, which cities say create fire risks and other safety hazards from mould to home invasions.

Health Canada could have prevented such problems had it simply conducted regular inspections of permitted medical grows, she said.

“Whose idea was it to have this important a program and not have mandatory inspections?” Colasanti asked. “The coalition is not saying there shouldn’t be some rules. We want rules. We have asked for rules.”

Medical pot patients behind the court action feared they’ll pay commercial producers much more than it cost to grow themselves and end up with less access to the cannabis strains that work best for them.

The injunction doesn’t stop the launch of new commercial pot producers, but it throws into doubt how large their market will be if many users don’t have to immediately switch to them for their supply.

Growers licensed under the old system had been ordered by Ottawa to give written notice by April 30 that they’d halted production and destroyed all leftover pot or face potential police enforcement.

Some municipalities had been poised to send in inspection teams or police to root out the legal medical grow-ops they were aware of come April.

But Surrey’s fire department is now shelving its plans to step in to remediate an estimated 309 buildings with medical marijuana grows within the city.

“I’m disappointed,” said Surrey Fire Chief Len Garis. “I guess we just simply wait.”

Garis said it’s troubling from a public safety point of view, referring to academic studies that show the grow operations are 24 times more likely to  burn than a regular home.

– with files from Kevin Diakiw

Just Posted

Forbes Group proposes a new medical clinic for Sooke

Four doctors will have space adjacent to a new pharmacy

The strange case of Jesokah Adkens

All was not what it seemed in Sooke girl’s disappearance 18 years ago

Sooke stop for African Children’s Choir

Concert date is June 2 at Sooke Baptist Church

Victoria television producer makes documentary about opioid crisis

A Just Society includes 30 interviews filmed in Victoria, Ducan and Ladysmith

More than 2,700 units of affordable homes underway in Greater Victoria

Units part of 20,000 that are underway in B.C.

BREAKING: Court says B.C. can’t restrict oil shipments in key case for Trans Mountain

A five-judge Appeal Court panel agreed unanimously that B.C.’s proposed legislation was not constitutional

More than half of Canadians support ban on handguns, assault rifles: study

Divide between rural and urban respondents in latest Angus Reid Institute public opinion study

Spring rain needed as B.C. sees one of the lowest snowpack levels in 40 years

Snowpack levels in B.C. recorded on May 15 were similar to those in 2015 and 2016

Theresa May to quit as party leader June 7, sparking race for new PM

The new Conservative leader will become prime minister without the need for a general election

B.C. man who fell off cliff returns there to rescue eagle from vulture attack

Nanaimo’s James Farkas, who broke his hip in a fall, saves eagle on same beach months later

Raptors beat Bucks 105-99 to move within 1 game of NBA Finals

Leonard scores 35 as Toronto takes 3-2 series lead over Milwaukee

B.C. Supreme Court dismisses review around ferry workers’ right to strike

B.C. Ferry and Marine Workers’ Union collective agreement expires November 2020

Don’t tax what is normal

There’s not a person in the world that can show me with… Continue reading

Young Victoria distillery earns prestigious Scotch awards

Scottish influences range from techniques to ‘kilted tours’ at award-winning business

Most Read