No More Debate, Can We Cultivate? The Allard MMPR Ruling

The last week of February 2016, Justice Michael Phelan of the Federal Court of Canada finally overruled the regulations for MMPR (Marijuana for Medical Purposes Regulations). Allard et al vs. Her Majesty the Queen in Right of Canada, a case that was originally launched by four British Columbia residents.

Challenging the constitutionality of the former conservative government’s “solution”, that some might say was in favor of big industry monopoly. In addition, this plan created an infringement on patients’ rights to optional affordable quality medication, pursuant to section 7 of the Charter of Rights and Freedoms.

This ruling was not an attack on the current MMPR system in its substance. Rather it was a clear statement that the government has to get their asses moving! They must work to establish framework for both medical and recreational cannabis that will serve ALL Canadians fairly, in turn providing a system that allows sufficient access to cannabis for those in need.

So, we now have a situation where the entire MMPR system has been declared “invalid”. The federal liberal government has now been given 6 months by suspended judgment, to (re)create the boundaries for a second time in almost as many years. They must do this in a way that does not infringe on our charter of rights…. wow, did you ever think you would see this day?

Furthermore from a recreational stand point, doesn’t this prove that these civil rights should extend to the general public? If we can grow grapes and make wine in our backyards, or even grow nasty tobacco for personal use, then why the hell can’t we sprout a few beautiful ladies and enjoy the fruits of our labors, same as we would enjoy fresh tomatoes from our gardens?

The Allard ruling will hopefully be the catalyst that drives the momentum of change to our wildly misguided and outdated regulations and classification of cannabis. Even though we talk about the Marijuana for Medical Purposes Regulation, notice until now we have completely left out the word “marijuana” from this article, which we wish the government would also start doing. This word was really solidified by the Marijuana Tax Act of 1937, which basically started the whole racial connotation that Harry Anslinger, the “father of the war on weed”, fully embraced. Anslinger used racism as a tool to demonize marijuana. As the first commissioner of the Federal Bureau of Narcotics, a predecessor to the Drug Enforcement Administration (DEA), Anslinger institutionalized his belief that pot's "effect on the degenerate races" made its prohibition a top priority. It is sad that one man’s delusional opinion helped turn the world against this beautiful flower!

John Conroy, lawyer for the plaintiffs, stated that he would like the federal government to expand this injunction quickly to allow new patients currently forced through the newly declared “invalid” MMPR to also grow their own medical marijuana.

This decision is a huge opportunity to recalibrate the entire legal system pertaining to cannabis, and can only help direct more attention to the recreational cannabis users as well. That said, many will also agree that the fight is not over! The voices of those who have worked so hard to support this and other similar victorious cases are finally being heard… showing what a little unity in the community can do. Imagine what that community could do for the good of the world, when no longer having to exhaust themselves fighting for their rights.


Legalization of Marijuana in Canada - The 2016 Liberal Senate Forum - Smokers Guide TV California 


With even more happening around Canada in the march towards legalization; on February 24th, Kronic-Cal from Smokers Guide Canada visited the 2016 Liberal Senate Forum on the legalization of marijuana. In its speech from the throne, the government reaffirmed its commitment to legalize marijuana during its mandate. Recent polls suggest that the majority of Canadians support such a move.


MMAR vs MMPR: Canadian Cannabis Regulation - The 2016 Liberal Senate Forum Part 2


The panel included:

Bill Blair, M.P., Parliamentary Secretary to the Minister of Justice

Clive Weighill, President, Canadian Association of Chiefs of Police (CACP)

Canadian Centre on Substance Abuse (CCSA)

Amy Porath-Waller, Ph.D., Director, Research and Policy

Rebecca Jesseman, Senior Policy Advisor

Benedikt Fischer, Centre for Addiction and Mental Health (CAMH)

Eugene Oscapella, Lawyer and lecturer on drug policy, Department of Criminology, University of Ottawa