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

Saanich police are looking for a man who exposed himself Saturday night

The incident exposure happened at the intersection of Feltham Road and Shelbourne Street

Readers Theatre returns to Victoria’s Emanu-El

Born at Congregation Emanu-El’s 2013 Arts Festival, Bema Productions is back for its fifth season

Victoria-bound plane slides off icy Edmonton runway

Crew, passengers had to disembark via bridge stairs

VIDEO: Hundreds gather in Victoria as part of global Women’s March for equality

‘End Violence Against Women’ march theme for 2019

Almost four of 10 Canadians have unlimited internet data at home

Fifty-four per cent say they telecommute at least sometimes

Students seen mocking Native Americans could face expulsion

One 11-minute video of the confrontation shows the Haka dance and students loudly chanting

B.C. VIEWS: Fact-checking the NDP’s speculation tax on empty homes

Negative-option billing is still legal for governments

May plans next move in Brexit fight as chances rise of delay

Some say a lack of action could trigger a ‘public tsunami’

Group challenges ruling for doctors to give referrals for services that clash with beliefs

A group of five Canadian doctors and three professional organizations is appealing

Major winter storm wreaks havoc on U.S. travel

Nearly 5,000 flights were cancelled Sunday around the country

Want to avoid the speculation tax on your vacant home? Rent it out, Horgan says

Premier John Horgan and Sheila Malcolmson say speculation and vacancy tax addresses homelessness

CONSUMER REPORT: What to buy each month in 2019 to save money

Resolve to buy all of the things you want and need, but pay less money for them

UPDATE: B.C. woman and boy, 6, found safe, RCMP confirm

Roseanne Supernault says both she and her six-year-old nephew are fine and she has contacted police

Most Read