MMAR PPL/DPL COALITION AGAINST REPEAL mmarcoalitionagainstrepeal coalitionagainstrepeal@gmail Phone: 604-562-7731 HELP STOP THE CANCELLATION OF PERSONAL GARDENS AND CAREGIVER GARDENS PREVENT BARRIERS TO ACCESS MEDICINAL CANNABIS NEEDED!! IMPACT STATEMENTS johnconroy/mmarcoalition VOLUNTEERS AND DONATIONS mmarcoalitionagainstrepeal YOUR VOICE CAN BE HEARD IN FEDERAL COURT THE MEDICAL MARIHUANA ACCESS REGULATIONS (MMAR) were established in 2001 in order to provide reasonable access to medicinal cannabis for patients who obtain from Health Canada an Authorization to Possess (ATP). Early versions of the regulations were found to violate Section 7 of the Canadian Charter of Rights and Freedoms because they were too restrictive and therefore failed to provide “reasonable access” to a legal source of medicinal cannabis. A series of successful legal actions resulted in minimal changes by government to the MMAR, such as allowing patients to obtain a licence to either cultivate medicinal cannabis personally (PPL) for not only themselves but also for one other (instead of just for one person), or allowing a designated grower (DPL) to grow for two people, and to have four licenses in one location instead of three. In addition to personal and designated production, Health Canada contracted with Prairie Plant Systems Inc. to mass produce medicinal cannabis, but only 10% to 20% of patients now purchase government-supplied cannabis, while 76% obtain at least part of their supply by self-producing or having a designated caregiver produce for them. The remaining patients either used a local cannabis dispensary or continued to frequent the black market, depending upon the province – BC being the most progressive while others are statically regressive in relation to dispensaries. Since the commencement of the MMAR, the program has grown rapidly from 500 to nearly 30,000 licenced patients. MMAR STATISTICS • 12 year old program • 28,076 ATPs, 18,053 PPLs, and 3,394 DPLs issued in Canada as of Dec 2012 • 13,362 ATPs issued in British Columbia as of Dec 2012 MARIHUANA FOR MEDICAL PURPOSES REGULATIONS (MMPR) Apparently in response to concerns expressed by many cities and municipalities about public safety, fire and mould, the Harper government published the Marihuana for Medical Purposes Regulations (MMPR), which will eventually replace the MMAR, in the Canada Gazette on June 19, 2013. The MMPR will eliminate all medicinal cannabis personal production licences (PPL) and designated production licences (DPL) on March 31, 2014, and will limit a patient’s options for accessing medicinal cannabis to Health Canada Licenced Producers (LPs). The administrative and security requirements for a Licenced Producer are onerous – perhaps understandable, given that one will be selling a “medicine” to the general public which otherwise remains unlawful, but the cost of meeting these requirements may limit the market to a few large producers. The MMPR also require each patient to obtain cannabis from only one LP. AGENDA • The MMPR are now in force, and will run concurrently with the MMAR until March 31, 2014. Even though Health Canada delayed the publication of the MMPR in the Canada Gazette until June 19, 2013, none of the implementation dates were postponed. • Applications for ATPs, PPLs or DPLs under the MMAR will no longer be accepted after Sept 30, 2013. • Until March 31 2015, a patient holding an existing ATP can use that ATP for the sole purpose of registering with a Licenced Producer, instead of using the new medical document. MMPR IMPACT • 400% Increase in cost (estimated by Health Canada to increase from $1.80/g to $5.00/g to about $7.60/g in 2014, then to $8.80/g) • 30% Decrease in medicinal cannabis patients (estimate from Health Canada’s MMPR Cost Benefit Analysis, December 15, 2012) Expanded Access & Corporate Production The MMPR will continue to provide reasonable access for some patients by authorizing/ creating Licenced Producers other than one Health Canada/Prairie Plant Systems producer. However, because the MMPR do not allow patients to purchase cannabis from anyone OTHER THAN an LP, and because they fail to allow personal grows and caregiver grows, it is anticipated that reasonable access will in fact also be seriously reduced for a great many patients. BARRIERS TO ACCESS The repeal of the PPL and DPL provisions of the MMAR will deprive patients of dignified and “reasonable access” to high quality strain specific medical cannabis. “Having a program that is out of reach for a large group of patients is akin to having no program at all.” John W. Conroy, QC Loss of Investment MMAR patients and their designated growers have invested a significant amount of money and effort into cultivation facilities, equipment, nutrients and security in order to produce their own cannabis at a reasonable cost. If the PPL and DPL provisions of the MMAR are repealed, this investment will be lost, causing them to suffer damages as a result of the government’s action. Freedom of Choice The elimination of PPLs and DPLs will significantly reduce patient choice. Under the current MMAR, patients and their caregivers are growing thousands of different strains of cannabis which produce different profiles of active cannabinoids (THC, CBD, CBG, CBN etc.), and therefore have different medical effects. Many patients have spent years finding a specific strain that gives them the maximum medical benefits with the least negative effects, and some of these strains are used by a very small number of patients. Because of the significant costs that the MMPR impose upon licenced producers, economic forces will make it virtually impossible for such producers to offer these “small market” strains. Thus, the elimination of PPLs and DPLs will force many patients who are successfully treating or managing their conditions using specific strains into the same position as the victims of so-called “orphan diseases”: The drug industry will not produce the medicine that they need. Even worse, valuable strains with unique genetics could easily vanish, just as some types of heirloom fruit and vegetables did over the past century. CONSTITUTIONAL RIGHTS GUARANTEED Under the Charter of Rights and Freedom, Canadians are free to exercise their personal autonomy and to use medicinal cannabis as a health treatment, if medically approved. The 2000 Parker decision and recent decisions of the Ontario Court of Appeal confirm that the government of Canada must provide a constitutionally viable medical exemption to the prohibition against the possession of and cultivation of cannabis, and that this exemption must provide reasonable access to medicinal cannabis. Section 7 of the Canadian Charter of Rights and Freedoms protects the right to life, liberty and the security of the person, subject only to section 1: reasonable limits prescribed by law that are demonstrably justified in a free and democratic society. Past court cases have found that Section 7 is violated if a medically approved patient with a serious illness which is relieved by cannabis is deprived of the right to use it as treatment. MMAR PPL/DPL Coalition Against Repeal The Coalition was established in November 2012 by MMAR patients and their designated growers and has grown to over 4,000 members including caregivers, family and friends, compassion clubs, dispensaries, company’s, organizations and other supporters. The Coalition hopes that its efforts through peer empowerment and collective action will result in dignified and reasonable access to high quality medical cannabis to Canadians who choose cannabis as the medicine that best maintains their preferred quality of life and health care. Legal Action The Coalition has engaged the legal services of veteran constitutional lawyer John W Conroy QC, who has generously donated a considerable amount of pro bono time to consulting with the Coalition. The total cost of the court challenge is estimated at $200,000 to $250,000. “The people’s constitutional rights are being impaired by what’s being proposed.” John W. Conroy, QC The legal action will be commenced before March 31, 2014 when the MMPR come into full force; and preferably before September 30, 2013 when no further MMAR applications to renew or amend will be received. The objectives are: • To have the MMPR declared unconstitutional to the extent that they fail to provide for PPLs and a limited caregiver form of production licences; • To maintain the ‘status quo’ under the MMAR allowing for PPLs and a limited caregiver form of production licences; and • In the alternative, should the MMPR continue in force on March 31st 2014 without any provision for PPLs and a limited caregiver form of production licences, to file a Class Action for damages and for the repeal of any sections of the MMPR that are too restrictive constitutionally on the right of reasonable access, including not only the loss of PPLs and DPLs, but also such aspects as the continued limitation to “dried marijuana” despite the Smith case in BC, and perhaps other identifiably unnecessary restrictions such as no production in an undefined “dwelling house” or no outdoor production. IMPACT STATEMENTS The Coalition is gathering Impact Statements at johnconroy/mmarcoalition to enable individuals to express their concerns over perceived and real hardships expected to result from the implementation of the MMPR. The statements will be used as evidence to clearly show that many patients cannot afford the anticipated inflated cost estimated at $1,000 per month, and that the removal of PPLs and DPLs violates the right to “reasonable” access. Impact Statements should be as detailed as possible, and we need as many as possible. Additionally, anyone (loved ones, friends etc.) can fill out an impact statement. SOCIAL MEDIA & VOLUNTEERS The Coalition’s primary asset is its human resources. Volunteers are essential in order to effectively and efficiently distribute information about the pending loss of the ‘regulatory option’ to personally or designate the production of medicinal cannabis. At the present time the Coalition is updating its website at: mmarcoalitionagainstrepeal to function as a user-friendly interactive website where individuals can exchange concerns and ideas, network and obtain information on the legal action, and volunteer their services and resources to the Coalition. ENDORSEMENT AND SUPPORT The following organizations have either stated their support for the Coalition’s proposed court action, or their opposition to the removal of PPLs and DPLs: BC Civil Liberties Association (BCCLA) Medical Cannabis Resource Centre (MCRCI) BC Compassion Club Society (BCCCS) & Green Cross Society Green Planet Nutrients FUND RAISING & DONATIONS The Coalition has established a LOCK BOX fund raising campaign across Canada in order to provide individuals the opportunity to contribute their ‘spare change’ to the ‘cannabis cause’. A Legal Trust Fund has been established at the office of Conroy & Company, and the success of the Coalition’s lawsuit is dependent upon donor support and therefore we look forward to your contributions. PAYMENT METHODS: Cheque, money order or bank draft payable to: “Conroy & Company in Trust for File 3895-1” Mail to: John W. Conroy QC, Barrister & Solicitor Conroy & Company 2459 Pauline Street Abbotsford, BC V2S 3S1 Transfer of funds by wire: TD Canada Trust 32817 South Fraser Way Abbotsford, BC V2S 2A6 c/o Conroy & Company: Account No. 415040 Transit No. 90320 Designation 0956 Swift Code TDOMCATTTOR Credit Card: Phone Carly or Danielle at: 604-685-6611 Cash Donations: The Law Society requires that all cash contributions be accompanied by a copy of the donor’s photo identification which must be kept on file. The Coalition will soon have locked donation boxes strategically distributed throughout Canada. CONTACT INFORMATION: John Conroy QC: Email: reception @johnconroy or dlukiv@johnconroy Fax: 604-859-3661Fax: 604-859-3661 Web: johnconroy Phone: 604-852-5110 MMAR Coalition Against Repeal 604-562-7731 Email: coaltionagainstrepeal@gmail Website:mmarcoalitionagainstrepeal Facebook Group: facebook/groups/40640576091519/ Linkedin: linkedin/profile/view?id=1054834248&trk=tab
Posted on: Tue, 25 Jun 2013 08:37:29 +0000
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