Courts, Government Committees and Community Organizations Support Community-Based Distribution and an End to Monopoly Production and Supply.
Canadian AIDS Society "Cannabis as Therapy for People Living With HIV/AIDS" Report (2006): "Access to the federal program remains hindered by barriers such as a lack of awareness of the program.s existence, mistrust in the government, misinformation about the program and difficulty in finding a physician to support their application. Thousands of seriously ill Canadians must therefore choose between breaking the law to use the therapy of their choice, or going without, which in many cases compromises their well-being and quality of life. Access to a legal, safe and affordable source of cannabis is also severely hindered due to the limited options available to people who obtain the legal authorization to possess cannabis for medical purposes."
"Only 1.7% of the medicinal users of cannabis we consulted reported that they obtain their supply from the government. Considering the current public attitude towards the government.s cannabis, the fact that the government only provides one strain of cannabis to authorized persons, and the government.s expressed intention to eventually phase out licenses to produce, we are concerned that people living with HIV/AIDS will have to continue to break the law to supply themselves with cannabis for their medicinal purposes, perhaps at an even greater proportion than is currently the case. We favour providing authorized persons with a variety of legal options and products. Offering only one legal source and only one strain of cannabis for distribution to authorized Canadians may not be a constitutionally adequate alternative to the diverse supply currently available to them through licenses to produce, unauthorized compassion clubs, or within the black market."
"Based on our community action principles of empowerment, community support, self-help, holistic approach, accountability, harm reduction and greater involvement of people living with HIV/AIDS, we favour a not-for-profit, community-based model of distribution of medicinal cannabis and of its related services. Some compassion clubs (medicinal cannabis dispensaries) in Canada meet these principles, and the more established clubs have developed guidelines for operational standards that all clubs can voluntarily adhere to. These organizations also offer a number of different strains and alternatives to smoking, and are currently serving more than 10,000 Canadians. Other models, such as community gardens run by and for people who use cannabis as therapy, could also be considered. We will continue to advocate for operational standards of compassion clubs, especially with regard to quality control of the cannabis they provide, and for their inclusion in a legal system of distribution of cannabis for medical purposes."
"We recommend that the government authorize compassion clubs that meet defined operational standards and recognize them as legal dispensaries of medicinal cannabis."
From the Report's Executive Summary:
Hitzig Decision, Ontario Court of Appeals (Oct. 2003):
.A central component of the Government.s case is that there is an established part of the black market, which has historically provided a safe source of marihuana to those with the medical need for it, and that there is therefore no supply issue. The Government says that these .unlicensed suppliers. should continue to serve as the source of supply for those with a medical exemption. Since our remedy in effect simply clears the way for a licensing of these suppliers, the Government cannot be heard to argue that our remedy is unworkable..
From Hitzig v. Canada: http://johnconroy.com/Hitzig03-10-07.pdf
Senate Special Committee Report on Illegal Drugs Report on Cannabis, 2002:
Conclusions of Chapter 9:
- People who smoke marijuana for therapeutic purposes prefer to have a choice as to methods of use; Measures should be taken to support and encourage the development of alternative practices, such as the establishment of compassion clubs;
- The practices of these organizations are in line with the therapeutic indications arising from clinical studies and meet the strict rules on quality and safety;
- The qualities of the marijuana used in those studies must meet the standards of current practice in compassion clubs, not NIDA standards;
- The studies should focus on applications and the specific doses for various medical conditions; Health Canada should, at the earliest possible opportunity, undertake a clinical study in cooperation with Canadian compassion clubs.
http://www.parl.gc.ca/37/1/parlbus/commbus/senate/com-e/ille-e/rep-e/summary-e.pdf