By Lasia Kretzel

Marijuana activist talks legalization at Harvest Cup

Sep 28, 2014 | 1:05 PM

The legal battle for the right to grow medical marijuana took centre stage in Saskatoon this weekend at the Prairie Medicinal Harvest Cup.

Medicinal Marijuana Access Regulations Coalition Against Repeal (MMARCAP) activist Jason Wilcox spoke at the cannabis event, addressing his organization's lawsuits against the federal government; in particular their class action lawsuit against the recent ban on personal plants.

On April 1, Health Canada changed the rules for medical marijuana, to end home-grown weed production in favour of commercial producers and a new licensing system.

In an analysis of the old and new rules, the government said “stakeholders” had expressed concern about the safety of allowing people to grow their own weed. Complaints included the potential for some of the pot to enter the black market, risks of home invasion and theft, fire hazards, humidity and air quality.

Wilcox, however, said many home-growers and users feel the government failed to properly prove the validity of the complaints.

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“It's a pretty big slight against medical patients in this country,” Wilcox said. “I just feel it's really sad that the federal government has made these policies and these positions because there's a lot of sick and dying Canadians that are stressing and suffering right now.”

In response, MMARCAP successfully filed an injunction with a federal court the to stop the changes, just days before they came into effect.

The government has since filed an appeal to overturn the injunction while MMARCAP has also filed an appeal to ask the court to review the constitutionality of the changes.

The coalition's appeal will be heard in court on Nov. 24.

“Canada still holds, after 13 years of medical patients and having a medical marijuana program, that marijuana has no medical value and yet they keep the doctors as gate keepers to a drug that's not in their books, they can't reference and it's been moved in with tobacco,” Wilcox said.

Wilcox said MMARCAP currently boasts more than 8,000 members and has raised around $175,000 of their $250,000 goal for the lawsuit.

Wilcox said while he would like to see pot legalized in Canada, he also thinks it is important to talk about what legalization would look like.

He points to the contrasting legalization systems of Washington and Colorado as a prime example. Washington residents can purchase and possess weed but cannot grow it at home while Colorado residents can grow six plants per adult up to 12 in a home.

Wilcox said Canadians will need to decide the framework for legalization here at home.

Marijuana is already a hot political button in Canada. Liberal Leader Justin Trudeau has called for legalization of recreational weed, a move the Conservatives oppose, saying it would only increase use, especially among youth.

At the same time, Justice Minister Peter MacKay has said the government is looking at whether police should issue tickets for possession of marijuana rather than clogging the courts with criminal cases.

“I believe that ethics will continue to override in a country where we pride ourselves on our medical system,” Wilcox said, adding he believes the right to a person's autonomy and reasonable access overrides what he believes are the government's fabricated concerns.

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