Marihuana Medical Access Regulations unconstitutional because they do not provide for legal source or supply of marijuana.
In a 9 January 2003 ruling in Hitzig, the Ontario Superior Court of Justice determined that the Marihuana Medical Access Regulations (MMAR) fail to provide for a legal source and safe supply of marijuana. This failure infringed the applicants' section 7 Charter rights to liberty and security of the person in a manner inconsistent with the principles of fundamental justice. The MMAR could not be saved under section I of the Charter. The Court declared the MMAR invalid, but suspended that order for six months to allow the government to decide how to create a legal source and supply of marijuana.
Betteridge
Glenn
G
Policy & Research, Canadian HIV/AIDS Legal Network, Canada. gbetteridge@aidslaw.ca
D002170:Canada; D002188:Cannabis; D006801:Humans; D007603:Jurisprudence; D008517:Phytotherapy