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Info for Medical Marijuana Litigators: Canadian Briefs and Decisions

Excerpts from the American Public Health Association (APHA) amicus brief (2001 filing) in Conant v. McCaffrey, No. C97-0139 WHA, 2000 U.S. Dist. LEXIS 13024, (N.D. Cal. Sept. 7, 2000):

On July 30, 2001, Canada's "Marihuana Medical Access Regulations" came into force. These regulations permit the possession and production of marijuana for medical purposes and were developed by Health Canada after it had reviewed the scientific evidence regarding the therapeutic value of smoked marijuana and conducted its own survey in 2000-2001 to gather and analyze data regarding the medical uses of marijuana. While Health Canada's official position mirrors that of the AMA, i.e., scientific studies supporting the safety and efficacy of marijuana for therapeutic claims are, to date, inconclusive, it nevertheless developed regulations to allow certain persons the ability to possess and cultivate marijuana for medical use.

Consistent with the IOM, the House of Lords, and the weight of scientific evidence and personal experiences attesting to marijuana's efficacy, Canada's new law permits doctors to recommend and prescribe medical marijuana to certain persons who are suffering from severe pain, muscle spasms, anorexia, weight loss, and nausea, and who have not found relief from conventional therapies.

Resources

More Canadian Cases

Canadian Foundation for Drug Policy

Office of Cannabis Medical Access This office of Health Canada provides information on news, legislation, and application guides and forms.

Marihuana Medical Access Regulations

News

Chwialkowska, Luiza . "Ottawa will grow, supply pot for use by the sick: Rock." National Post, 25 Sept 2000.

"Crown appeals marijuana ruling." Globe and Mail, 11 Jan 2001.

"Marijuana: federal smoke clears, a little" Canadian Medical Association Journal. 2001. 164(10): 1397. (The CMAJ calls for marijuana decriminalization.)

"Medical marijuana approved." Globe and Mail, 10 June 1999.

"Pot case in Supreme Court." National Post, 16 March 2001, A4.



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