While Canada is still awaiting it's new Prime Minister's promise to legalize marijuana in the country, the Federal Court ruled last week that patients with a medical marijuana prescription will be allowed to grow their own supply at home. The decision follows a 2013 ruling to ban in-home grows after the conservative government was unhappy with the inability to monitor the large numbers of in-home growing, however last weeks judge ruled that banning in-home cultivation does not advance public safety in any way and denying patients the right to medical cannabis violates the Canadian Charter of Rights and Freedoms.
The ruling adds to confusion about the legal status of marijuana, partly created by the lack of detail surrounding the Liberal government’s plan. Twenty-nine companies, many well funded, were licensed by the previous Conservative government to grow and sell medical marijuana, but they may now face financial pressure.
“The evidence at trial failed to show that public safety will be advanced in any significant way by the removal of the ability to lawfully and safely continue to personally produce medical cannabis,” Judge Michael L. Phelan wrote in the decision.