Authorized home growing by medical marijuana users can continue past April 1 after an injunction was granted Friday by a Federal Court judge.

Medical marijuana users win court-ordered reprieve

Injunction allows authorized home pot growing to continue past April 1, until trial

Medical marijuana users have won a last-minute court reprieve that allows them to keep growing their own pot at home instead of destroying it and turning to new federally licenced commercial suppliers.

Federal Court Judge Michael Manson granted a temporary injunction Friday for those with a personal production licence to continue to grow medical marijuana, pending the outcome of a constitutional challenge still to be heard.

Health Canada’s new regulation outlawing personal growing had been slated to take effect April 1, but the decision throws a wrench into the Conservative government’s pot reform plans.

Medical marijuana users and their supporters are jubilant.

“I’m very excited,” said Sandra Colasanti, a member of a coalition seeking to repeal the new rules who said she doesn’t use pot but her husband needs it.

“I’ve seen a lot of people who have everything from MS to cancer to full-blown AIDS and I’ve seen people die if they don’t have access to this.”

She said she’s optimistic the action launched by Abbotsford lawyer John Conroy will succeed when it goes to trial. No date has been set but it’s expected sometime this year.

The federal government cited widespread problems with the current system of permitted medical marijuana users growing pot at home or having other designated growers do it for them.

Colasanti said the coalition doesn’t deny there are problems with the old system, which cities say create fire risks and other safety hazards from mould to home invasions.

Health Canada could have prevented such problems had it simply conducted regular inspections of permitted medical grows, she said.

“Whose idea was it to have this important a program and not have mandatory inspections?” Colasanti asked. “The coalition is not saying there shouldn’t be some rules. We want rules. We have asked for rules.”

Medical pot patients behind the court action feared they’ll pay commercial producers much more than it cost to grow themselves and end up with less access to the cannabis strains that work best for them.

The injunction doesn’t stop the launch of new commercial pot producers, but it throws into doubt how large their market will be if many users don’t have to immediately switch to them for their supply.

Growers licensed under the old system had been ordered by Ottawa to give written notice by April 30 that they’d halted production and destroyed all leftover pot or face potential police enforcement.

Some municipalities had been poised to send in inspection teams or police to root out the legal medical grow-ops they were aware of come April.

But Surrey’s fire department is now shelving its plans to step in to remediate an estimated 309 buildings with medical marijuana grows within the city.

“I’m disappointed,” said Surrey Fire Chief Len Garis. “I guess we just simply wait.”

Garis said it’s troubling from a public safety point of view, referring to academic studies that show the grow operations are 24 times more likely to  burn than a regular home.

– with files from Kevin Diakiw

Just Posted

Significant heritage house on Beach Drive to be restored

Heritage Revitalization Agreement approved as part of subdivision proposal

Experts to capture and collar 20 female deer in Oak Bay starting this month

Does sedated, examined, collared and ear tagged in latest phase of deer management plan

BC BUDGET: Fare freeze and free travel for seniors on BC Ferries

A complete fare freeze will be put into place on major routes, and fares will be rolled back on smaller routes by 15 per cent

Victoria airport to spend $19.4m on terminal expansion

Record passenger growth means YYJ needs to grow

Oak Bay skaters bound for BC Games in Kamloops

Saanich resident aims for second gold

VIDEO: Top 10 B.C. budget highlights

The NDP is focusing on childcare, affordable housing and speeding up the elimination of MSP premiums

B.C. runner takes silver at Pan American cross-country championships

Tyler Dozzi’s medal pushes U20 Team Canada to gold finish

Duncan cousins found guilty of aggravated sexual assault

Assault so violent, victim required surgery

Wanted by Greater Victoria Crime Stoppers for the week of Feb. 20

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Victoria airport to spend $19.4m on terminal expansion

Record passenger growth means YYJ needs to grow

Victoria hosts North America’s first Window Wanderland event

James Bay will transform into a live art installation of decorated windows Feb. 24-25

Moose creates uber Canadian Olympic moment

A Calgary man shares a truly Canadian moment on Twitter of a Moose enjoying the Olympics

Toddler breaks leg after boot sucked into escalator at Vancouver airport

A Calgary woman is reminding parents of the dangers of escalators after her toddler’s foot was stuck in one and he broke his leg

VIDEO: B.C. deer caught obeying traffic signs

A herd of deer in Fernie, B.C. is getting attention online after stopping for a stop sign

Most Read