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Cannabis Health
Cannabis Health Magazine is the voice and the new
Cooking With Cannabis ..................................................................................31 Cannabis Health is published six times a year. All
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Health assumes no responsibility for any claims or rep-
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consent of the publisher.
Brian McAndrew wished to show the dou- door, compassion for the whole plant, is in plain
ble standard that surrounds the Medical view. The names on the cage symbolize those
Cannabis Issue. While the powers that be tell who have access to the open back door. The
us there is no medical value to the plant, mil- application process that admitted 757 medical
lions of dollars are being invested in research on users is a very confusing and difficult one, with
isolating the different active ingredients. Even the doctors reluctant to help. This leaves a mil-
though the cage has a locked door, there are no lion or more medical cannabis users with
bars on the back of the cage. The key to the ACCESS DENIED!
4 Cannabis Health
Cannabis Health 5
Editorial
for marijuana, period. The proposed amend- When the Senate report recommended
ments to the Marijuana Medical Access legalization we thought we might see the end.
Regulations will not alleviate this problem. However, it would seem the only people who
Doctors do not want to sign for marijuana, read the Senate report were all us persecuted
now or in the future, and without the signa- criminalized stupid pot smoking Canadians,
ture Health Canada deems the application for and not the elected officials in charge of
legal status incomplete and void. For years, deciding our fate. Hence, we are facing
this dysfunctional government system has “recriminalization” with Bill C-17, which
blocked all legal access to marijuana for the does not deal with the issue of medical access
vast majority of sick Canadians. In fact it has at all, and in fact impedes the process even
forced the most vulnerable of our citizens further by giving the police agencies more
into the rank of criminals. power to discriminate against sick Canadians
who want to grow a small number of plants
Law enforcement officials are claiming the
for personal medical use.
production of all marijuana in Canada is linked
with organized crime and some of our public When will the insanity stop? If the gov-
Education seems to be the growing issue. officials have even confirmed this inaccurate ernment intends to limit the supply in order
After all, Ann McLellan called pot smok- theory. If the average daily dose of a million to pharmaceuticalize the herb, then obvious-
medical users is around 3 grams, (a conserva- ly they have not been listening to the million
ers stupid. One would expect the woman
tive estimate) then the demand for medical current consumers who have already chosen
who is both Deputy Prime Minister of marijuana in Canada is over a million kg per to turn to the naturally grown herbal medici-
Canada and Minister of Public Safety to year. Where does the government think the pot nal alternative.
have better knowledge of the issue. I think is coming from? The bottom line is; the The up side; our voices are getting
the problem is bigger than we thought….. patients are suffering and the black market is stronger, public perception has already
being held responsible for the government’s changed, and the medical use of cannabis is
The number of chronically ill Canadians dysfunctional legal marijuana access problems.
using cannabis medicinally in this country now publicly accepted throughout the world.
today is estimated to be more than one mil- Activist groups, patient unions, corporations,
The history of this dysfunction is long political allies, advocacy organizations, trade
lion. Why, then, does Canada’s legal marijua- and sordid. Numerous lawyers have made
na medical access program have less than and growers associations and pro cannabis
stands on the issue of medical marijuana businesses have all been formed. Millions of
eight hundred participants? The medical access, only to have the courts pass it off to
associations do not want the doctors labeled voices cannot be silenced. Rest assured, the
the politicians. Our elected politicians have pot will be brought to the boil, one way or the
with Health Canada’s assigned role of “mari- not wanted to fix it for fear of losing the next
juana gatekeeper”. They have advised doctors other.
election, so they just keep throwing our tax Keep smiling; it makes them wonder what
of the possible legal repercussions associated dollars at studying and debating the same old
with this role and the majority of doctors are problems, in hopes that they can put it off you’re up to….
just refusing to sign any kind of prescriptions long enough for someone else to fix it. Barb St.Jean
Open
Letter
from Letters
NORML
that the present policy of discouragement November 5, 2004
Canada through the use of criminal or civil law has been Dear Deputy Prime Minister McLellan,
excessively costly and harmful to both society I am writing you today to express my out-
and the individual. NORML Canada plays a rage and deep disappointment in your recent
vital role as a strong and credible national comments labeling Canadians who smoke
Jody Pressman Predidnet Norml Canada organization advocating a scientific and evi- marijuana as “stupid”. As the Executive
dence based approach to marijuana policy in Director of an organization that advocates on
Mr. Pressman is the Executive Director of Canada on behalf of the over three million behalf of the over three million regular mari-
NORML Canada. NORML Canada Canadian marijuana users. NORML Canada juana users in Canada, I can tell you that
(National Organization for Reform of needs your support! Visit www.norml.ca and Canadians who smoke marijuana don’t
Marijuana Laws in Canada) is a non-profit, find out how you can join and support appreciate being described that way by the
public interest, member operated and funded NORML Canada in the fight for sane marijua- Deputy Prime Minister of Canada.
group, chartered at the federal level in Canada na laws. Get involved today!
Your comments are inappropriate, unbe-
since 1978, working at all levels of government To: The Honourable A. Anne McLellan, coming, and uninformed. You should retract
to eliminate all civil and criminal penalties for P.C., M.P. these comments and apologize to the millions
private marijuana use, through public educa- Deputy Prime Minister and Minister of of tax-paying Canadians you have insulted.
tion, research, and legislative and judicial chal- Public Safety and Emergency Preparedness, Your gratuitous comment calls into question
lenges. NORML Canada does not advocate or 340 Laurier Avenue West, Ottawa, Ontario the ability and conviction of your govern-
encourage the use of marijuana, but believes K1A 0P8 ment to put forward legislation that seriously
6 Cannabis Health
Letters continued
Cannabis Health 7
Letters continued
break and enter; they will also investigate the ijuana is decriminalized or legalized, there is Kudo’s from readers
cultivation of marijuana unless you are not much recourse for the medical user and
licensed by Health Canada. “There is no such vigilante justice will get them nowhere, other I’ve been handing out the zine to every
thing as a legal grow, unless you are licensed. than in jail for assault. We find it very sad client who walks in. The response to your
It doesn’t matter if you qualify for the exemp- medical users have to choose between; fight- magazine has been good. People haven’t
tion but can’t get a doctor to sign off, you are ing for access to the government’s marijuana, heard of it on a mass scale and are impressed,
still breaking the law,” Olsen stated. outrageous Black Market prices, or risk the as I was, about the lack of pee-testing and
threat of theft and personal harm, just to get bong/babe ads. Finally, someone is taking the
Sgt. Olsen also told us the RCMP are plant seriously!
mandated and required to investigate the cul- the medicine that helps them with their ill-
tivation, but are not forced to press charges. ness. ..... and again
This is where police discretion comes in. When we asked Sgt. Olsen if he had an We love your mag (our mag). Our patients
They assess the situation and circumstances opinion on the medical use of cannabis, he love your mags. They are available each
and use their discretionary powers to deter- told us he had no opinion, as he did not have month for a small patient donation ($1 US).
mine who is and who is not charged. enough knowledge on the subject to form They go like hotcakes. As a matter of fact I
There have also been many stories in the one. We truly appreciate his honesty, as there referred someone from a non-MMJ state in
news lately about home invasions where the seem to be far too many folks forming opin- the US to your website. He wanted lots of
homeowner has been seriously injured by ions based upon misinformation. We believe info. Our Midwest is ultraconservative.
thieves looking for marijuana. But until mar- knowledge holds the keys for a change in
these unfair laws.
We also see cannabis industry support ernment investment money. We are observ-
coming from the 2002 Senate Special ing all of these transitions and developments
Committee report which states that “a which support the emergence and credibility
Canadian resident should be able to obtain a of this exciting new industrial and agricultur-
licence to produce and distribute cannabis al sector which will create jobs and econom-
and its derivatives for therapeutic purposes.” ic opportunity across Canada.
Considerable support also comes from the Of course how our tax money is spent, and
Canadian public, most major news media, where that money is going will always be a
and from respected institutions like the contentious issue. Many people wonder why
Written by Wendy Little and Eric Nash Fraser Institute. Prominent public figures the government is spending so much money
Island Harvest Certified Organic Cannabis like Vancouver Mayor Larry Campbell and on a program which really isn’t addressing the
A new industry has emerged from what Pierre Berton also support this buoyant and major issue, which is to make access to mari-
was once a lucrative economic source only expanding legal cannabis industry. juana simple for all Canadians who wish to
available to Canadians who chose to oper- How else do we know that a new indus- use it for medical purposes. However the issue
ate at odds with the law. This new industry try is emerging? For the past few years, we is very complex, and the main problem is due
is medical marijuana. How do we know have been operating Island Harvest within to the fact that the cannabis plant is an illegal
this? Because jobs, businesses, research the legal Canadian cannabis industry. Island controlled substance.
grants and opportunities are being created Harvest is a certified organic medical Like any emerging economic sector, there
from a legal economic sector which didn’t cannabis production facility, and we comply are people who are resistant to change. This
exist four years ago. with Health Canada’s Marihuana Medical resistance can be demonstrated in the federal
Money is now being spent on Access Regulations, selling and distributing government’s failure to recognize
federal government medical mari- changing public attitudes in regards
juana programs that receive mil- to personal health choices. An
lions of taxpayer dollars. Money is Money is now being example of this is the development
being spent on a Canadian busi- of a cumbersome medical cannabis
ness that won the multi-million spent on federal access program, which the courts
dollar federal government contract
to produce and supply marijuana
government medical continue to prove as unworkable. So
we see the legal cannabis industry
to Canadians. Money is being marijuana programs thwarted by a lack of awareness and
spent on medical cannabis vision by the federal government.
research projects funded by the that receive millions So the cannabis industry in
federal government and by the pri-
vate sector. Money is being spent
of taxpayer dollars. Canada operates in a dichotomous
way - a mix of legal and illegal. It’s
on the purchase of marijuana by clear that the use, distribution and
patients from their legally licenced growers. sale of marijuana for recreational purposes
Through both the private sector and govern- our product to those who are authorized by
the government to receive it. are currently illegal. Yet when used for med-
ment funds, there is a substantial amount of ical purposes, it’s evident that marijuana is
money changing hands. We are observing the gradual change in completely legal in Canada. Therefore a new
There is support for the expansion and the flow of money from one agency to anoth- industry has developed in the past few years
diversification of the medical cannabis er, from one organization to another, from which supports this well established and rap-
industry from virtually all levels of our soci- one business sector to another. We see the idly growing legal cannabis market.
ety. The public via opinion polls, the judicial financial shift from RCMP anti-grow-op
funding to government regulatory funding There are very simple solutions that the
system through constitutional and charter government could
rights rulings, the private sector from the (Office of Cannabis
Medical Access), the implement to make the
Fraser Institute, and the political support Marihuana Medical
from the Senate report. All the evidence is financial shift from black
market distribution to Access Regulations
clear - a legal cannabis industry has wide- much more efficient
spread public support, is well established pharmaceutical distribu-
tion (pharmacy pilot proj- and workable. This
and will continue to rapidly expand over the would give the legal
next few years. ects), the financial shift
from illegal medical grow- cannabis industry a sig-
This new industry sector is garnering ing to multi-million dollar nificant boost, and the
much support from many significant places government contracts and legal cannabis market
in our society. The courts provided an exam- small business operations. would be provided with
ple of judicial support, specifically in a recent exactly what is needed
October 2003 Ontario Court of Appeal rul- In addition to these to satisfy the demand
ing. The three judges ruled that each govern- shifts in financial circula- for a diverse range of
ment licenced cultivator should be able to tion, there is also a mas- cannabis products.
grow and sell cannabis to a multitude of sive and rapid expansion
of cannabis plant-based The first action
patients within the MMAR. This was a Health Canada could
major step in providing the medical cannabis medicines from the
biotech and pharmaceuti- take would be to imple-
market with exactly what it wants and needs; ment an existing section
a diverse choice of cannabis sources with cal sector. This in turn is
fueled by private and gov- of the MMAR, which is
varying strains, prices and range of quality.
Cannabis Health 9
Economic Future of Cannabis in Canada
10 Cannabis Health
Marijuana Medical Access Regulations
Cannabis Health Magazine receives many Substances Programme, via the Office of funding process for “Operating Grants and
inquiries from physicians and chronically ill Research and Surveillance (ORS), estab- Randomized Control Trials” under this pro-
people from all parts of Canada wanting to lished the Expert Advisory Committee. gramme was suspended in June 2003 and
know how and where to purchase the gov- The Expert Advisory Committee on remains suspended until further notice. For
ernment’s marijuana. Information surround- Marijuana for Medical Purposes (EAC- more info: http://www.cihr-irsc.gc.ca/e/
ing the Marijuana Medical Access MMP) provides Health Canada (HC) with 4628.html
Regulations administered by the Office of timely scientific/medical advice related to the The Stakeholder Advisory Committee
Cannabis Medical Access under the direction Marihuana Medical Access Regulations pro- on Medical Marihuana provides the Drug
of Health Canada has been extremely confus- gram (MMAR) and the Medical Marijuana Strategy and Controlled Substances
ing to most of our callers. We have compiled Research Program (MMRP). Committee Programme of Health Canada with timely
the following information in hopes of allevi- membership is mandated to include the fol- advice on medical, scientific, regulatory, poli-
ating some of the confusion surrounding lowing areas of expertise: HIV/AIDs, multi- cy, and operational issues related to marihua-
legal access to medical marijuana. ple sclerosis (MS), palliative care, pain man- na for medical purposes. This committee is
Who’s Who agement, pharmacology/toxicology, ophthal- comprised of representatives from the RCMP,
The Office of Cannabis Medical mology, epilepsy and ethics. Canadian Association of Chiefs of Police,
Access coordinates the development and Medical Marijuana Research Canadian Medical Association, several other
administration of the regulatory approach Program/Canadian Institutes of Health health organizations, compassion clubs, user
permitting individuals to access marihuana Research (CIHR)- As part of Health groups, designated growers and patients. For
(cannabis) for medical purposes. The Drug Canada’s strategy to address the issue of med- additional information on this committee, see
Analysis Service is responsible for the ical marijuana, in 1999, the Department Cannabis Health/Volume 2: Issue 4,
establishment of a reliable Canadian source (Health Canada) created the Medical May/June, 2004.
of medical research-grade marihuana. Marijuana Research Program (MMRP). The The Marihuana Medical Access
Prairie Plant Systems Inc. is contract- establishment of the Program recognized the Regulations promulgated in July 2001,
ed to provide Health Canada with a reliable need for research into marijuana and associ- established a framework to allow the use of
source of quality, standardized research grade ated cannabinoids to determine the safety marihuana by people who are suffering from
marihuana to meet research needs in Canada. and efficacy of these compounds in the man- serious illnesses, where conventional treat-
The Drug Strategy and Controlled agement of symptoms in patients unrespon- ments are inappropriate or are not providing
sive to usual treatment modalities. Note: The adequate relief of the symptoms related to the
Cannabis Health 11
Marijuana Medical Access Regulations
medical condition or its treatment, and cant. In addition, the information that the at:http://canadagazette.gc.ca/partI/2004/200
where the use of marihuana is expected to physician is required to provide in the medical 41023/html/regle2-e.html
have some medical benefit that outweighs the declaration has been reduced to only those ele- To enhance protection of the health and
risk of its use. These regulations were ments essential to confirm that the applicant safety of Canadians, Health Canada’s strategic
deemed unconstitutional by a 2003 Ontario suffers from a serious medical condition and direction for the medical marihuana program
Court of Appeal decision, on the basis that that conventional treatments are inappropriate envisions the program taking on, to the extent
they failed to provide a legal supply of mari- or ineffective. possible, the features of the traditional health
huana for persons authorized to possess it for These amendments provide limited author- care model employed for other medicinal agents
medical purposes. ity for a pharmacy-based distribution system available in Canada. Such a model would
Changes to the Marijuana include: continued support for research
Medical Access Regulations are and enrolment of patients in clinical or
being carried out in phases. The open label trials as the first consideration
first phase, the Regulations Information surrounding of patients and physicians; a centralized
Amending the Marihuana Medical source of marihuana that complies with
Access Regulations, carried out in the Marijuana Medical product standards, accompanied in the
late 2003, focused on responding to longer term by a phase-out of personal
the Ontario Court of Appeal deci-
Access Regulations adminis- cultivation; distribution of marihuana
sion. The second involved a broader
review of the regulations, and
tered by the Office of for medical purposes to authorized per-
sons through pharmacies; updated infor-
included a comprehensive consulta- Cannabis Medical Access mation stemming from research into the
tive process. In October 2004 a sec- risks and benefits of marihuana when
ond set of Regulations Amending under the direction of Health used for medical purposes, and education
the Marihuana Medical Access
Regulations was published for com-
Canada has been extremely of patients and physicians; and improved
post-market surveillance to monitor the
ment in the Canada Gazette, Part I. confusing to most of our safety and efficacy of marihuana when
The following amendment to the used for medical purposes.
regulations should take effect, if callers. The Application Process
passed, by the spring of 2005. Patients and Physicians can obtain
The number of categories of symp- a guide to the regulations and an appli-
toms under which a person may apply for for dried marihuana that is produced by a cation form from the Health Canada website
authorization to possess marihuana for med- licensed dealer on contract with Her Majesty in www.hc-sc.gc.ca/hecs-sesc/ocma/ or by call-
ical purposes is reduced from three to two. The right of Canada, to authorized persons without ing Health Canada’s Office of Cannabis
previous Categories 1 and 2 are merged into one a prescription from a physician. This will allow Medical Access in Ottawa at (613) 954-6540
category (Category 1). The need for a specialist the conduct of a pilot project to assess the feasi- or toll-free at 1-866-337-7705. NOTE: the
to sign the medical declaration for the symp- bility of distributing marihuana for medical proposed changes to the MMAR must be
toms set out in the Schedule to the Regulations purposes through the conventional pharmacy- passed before the policies and forms current-
(previous Category 2) has been eliminated. based drug distribution system. ly posted can reflect any changes.
While assessment of the applicant by a special- The new provisions, which allow police offi- For more information on the proposed
ist is still a requirement under the new Category cers to confirm authorization and licence infor- amendments contact: Ms. Cynthia Sunstrum,
2, the treating physician, whether a specialist mation with Health Canada, will enhance the Drug Strategy and Controlled Substances
or not, can sign the medical declaration. ability of Canadian police to investigate and Programme, Healthy Environments and
Physicians are no longer required, in their take appropriate enforcement action in regards Consumer Safety Branch, Address Locator
declarations, to make definitive statements to any unauthorized marihuana-related activi- 3503D, Ottawa, Canada K1A 1B9, (613) 946-
regarding benefits outweighing risks, or to make ty including, for example, the production or 0125 (telephone), (613) 946-4224 (facsimi-
specific recommendations regarding the daily storage of marihuana at locations other than le), OCS_Policy_and_Regulatory_Affairs@
dosage of marihuana to be used by the appli- those authorized, or trafficking in marihuana, hc-sc.gc.ca (electronic mail). Or visit the web-
which includes selling, giving, sending, deliver- site of the Office of Cannabis Medical Access
ing, or administering marihuana to any person for general inquiries: http://www.hc-
not named in the authorization or licence issued sc.gc.ca/hecs-sesc/ocma/index.htm or Phone:
by Health Canada. 1 866 337-7705 - Tel: 613 954-6540 - Fax: 613
The following snip is taken from Health 952-2196 E-mail: ocma-bamc@hc-sc.gc.ca
Canada’s Regulatory Impact Analysis MMAR patient participation statistics
Statement and can be found in its entirety are posted monthly on the OCMA site. As of
September 3, 2004 – Only 757 persons are
currently allowed to possess marihuana for
medical purposes in Canada - 553 persons are
currently allowed to cultivate/produce - 435
hold a Personal-Use Production Licence and
59 hold a Designated-Person Production
Licence, under the Marihuana Medical
Access Regulations (MMAR).
12 Cannabis Health
Debating Decriminalization
Cannabis Health has been following the than alcohol and should be treated not as
on-going decriminalization debates. In a criminal issue but as a social and pub-
September 2002, the special Senate commit- lic health issue (1)” said Senator Pierre
tee on illegal drugs tabled its final report, rec- Claude Nolin, chair of the committee.
ommending the legalization of cannabis. Mr. Randy White (Abbotsford,
Also in September 2002 in the Speech from CPC) however, said; “With the lungs, it
the Throne, the government made a commit- is more irritating; with 50% more tar
ment to “act on the results of parliamentary than tobacco. It has a greater effect on the
consultations with Canadians on options for upper airways than tobacco, and may
change in our drug laws….” The special cause lung, head and neck cancer. …..We
House committee on December 12, 2002 dis- are talking about something that is really
regarded the recommendations of the special unfit for people and is in fact worse than
Senate committee for legalization of cannabis cigarettes” (2)
and recommended in its report a comprehen-
sive strategy for decriminalizing the posses- Mr. Russ Hiebert (South Surrey—
sion and cultivation of not more than thirty White Rock—Cloverdale, CPC, stated;
grams of cannabis for personal use. Bill C38 “It is far worse than smoking. It is an
was followed by Bill C10 and then Bill C17, activity that we are officially, as a House,
currently under debate in the house, each trying to discourage. For example, emphy-
more restrictive than the last. sema and lung cancer are both conse-
quences of smoking and drug use.” (3) Ethan Russo currently serves in a consultan-
This debate has been unnerving. The cy position as Senior Medical Advisor to the
amount of misinformation vocalized in Mr. Peter MacKay (Central Nova, CPC)
Cannabinoid Research Institute, the division
regards to cannabis use and the potential said: “Ingesting marijuana is very damaging;
of GW established to promote exploratory
health risks have confirmed our suspicion it’s carcinogenic, THC.” (4)
research.) The following are two excerpts
that very few of our elected politicians have We did not have to go very far to point from his bi-monthly columns.
actually read the senate committee report. out their errors. We referred back to the Ask
“Scientific evidence overwhelmingly indicates “While I never recommend smoking tobac-
Ethan Russo column in early Cannabis
that cannabis is substantially less harmful co, it is true that concomitant cannabis miti-
Health Journal issues. (Note: Professor
Cannabis Health 13
Debating Decriminalization
gates some of the harm to a degree. I would refer oric and system of penalties outlined in Bill for organizing to grow their own medicine.
you to my Chronic Use Study, available online, C17 actually point to a tougher and wider This is not very humane. Seventy-five plants
and to an article that indicated that cannabis- enforcement stance. If this Bill is passed, the in a “commercial organized crime grow-op” is
only smoking does not seem to provoke emphyse- Acts will be amended to create four new not worth the effort. If the government really
ma, and to an interesting study by Poth et al. offences of cannabis possession involving wanted to stop organized crime they would
that demonstrates how THC actually helps pre- small quantities of cannabis material. For the legalize marijuana. Allow everyone to grow
vent carcinogenic deterioration. Remember, first three offences, law enforcement will be their own and license decentralized commu-
there has never been a documented case of lung able to issue a ticket exclusively. Officers will nity based production facilities to supply the
tumour in a cannabis-only smoker.” have the discretion of enforcing the fourth one million sick Canadians who currently
However, this obvious misinformation offence, anything over 30grams, either by use cannabis medically and can’t get legal
problem is not exclusively the fault of our issuing a ticket or a summons, depending on access to a supply. No demand = no black
elected officials; The media has played a sig- the officer’s appreciation of the circum- market.
nificant role in the reporting of inaccurate or stances related to the offence. Sources: www.cannabishealth.com/
bad science. A sentence taken out of context As for the cultivation of cannabis, the bill archives/ (Issue 1/pg12 & Issue 4/pg 16).
can have a whole new meaning. Take this would restructure the offence as follows: Ask Ethan Russo
reported media snip for example:” a Dutch One to three plants: guilty of an offence For full debate information see: (Bill C-
study shows that Canada’s smokers are punishable on summary conviction and 17. On the Order: Government Orders:)
seven times more likely than other peo- liable to a fine of $500 or, in the case of a November 1, 2004—The Minister of
ple to have psychotic symptoms.” Why young person, $250. This would be exclusive- Justice—Second reading and reference to the
would Canadians be more psychotic than ly by ticket. Standing Committee on Justice, Human
other people? Cannabis Health is still looking Rights, Public Safety and Emergency
for the research study linked to that reported Four to twenty-five plants: guilty of an
offence and liable, on conviction on indict- Preparedness of Bill C-17, an act to amend
snip. We want to find out who the “other the Contraventions Act and the Controlled
people” are and ment, to imprisonment for a term of not
more than five Drugs and Substances Act and to make con-
what they’re smok-
ing. years less a day,
or on summary
Relating
mental health and
to conviction, to a
fine of not more
“Remember, there has never
cannabis use Dr.
Ethan Russo
than twenty-five
thousand dollars
been a documented case of
wrote: “The use of or to imprison-
cannabis to treat
bipolar problems
ment for a term of lung tumour in a cannabis-
not more than
(previously known
as manic depres-
eighteen months,
or both.
only smoker.”
sion) is a fascinat-
Dr.Ethan Russo ing development. A Twenty-six to
surprising number fifty plants: guilty of an offence and liable, on sequential amendments to other acts.
of people so afflicted conviction on indictment, to imprisonment http://www.parl.gc.ca/38/1/parlbus/cham-
have independently made the discovery that for a term of not more than ten years. b u s / h o u s e / d e b a t e s / 0 2 0 _ 2 0 0 4 - 11 -
cannabis has improved their condition, whether Fifty plants or more: imprisonment for a 02/han020_1240-e.htm
the mania or depression. It may also reduce side term of not more than fourteen years. (1) CBC News - Pot less harmful than alcohol:
effects of other drugs used in its treatment, such The Hon. Keith Martin (Parliamentary Senate report Thu, 05 Sep 2002
as Lithium, Carbamazepine (Tegretol) or Secretary to the Minister of National Full Senate report retrieval Nov 16,2004
Valproate (Depakote). Some people have found Defence, Lib. stated: “…That is why Bill C-17 http://www.parl.gc.ca/common/Committee_Sen
cannabis more effective than conventional is extremely important. It dramatically Rep.asp?Language=E&Parl=37&Ses=1&co
drugs”… “….Endocannabinoids seem to be increases penalties for those involved in com- mm_id=85
intimately involved in emotional regulation mercial grow operations. The bill separates the (2) Pg/ 1250 web retrieval Nov 8, 2004
mechanisms in the limbic system. Because THC small time user from those individuals involved http://www.parl.gc.ca/38/1/parlbus/chambus/h
and other chemicals in cannabis mimic our in commercial grow operations. This is very ouse/debates/020_2004-11-02/han020_1250-
own internal biochemistry, they may help humane.” (5) E.htm
replace what is missing. Cannabis strains that
If the purpose of this bill is to deter (3) Pg/1350 web retrieval Nov 8, 2004
contain cannabidiol (CBD) also have anti-
“Organized Crime” then it’s targeted at the http://www.parl.gc.ca/38/1/parlbus/chambus/h
anxiety and anti-psychotic benefits. The best
documentation available for this is an article wrong people. What it does, is discriminate ouse/debates/020_2004-11-02/han020_1350-
by the eminent clinical cannabis prophet, Lester against the chronically ill patients who E.htm
Grinspoon, that was published in Journal of should be allowed to grow 25 plants for a 5 (4) Pg/ 1330 web retrieval Nov 8, 2004
Psychoactive Drugs in 1998.” gram per day prescription level. As well, http://www.parl.gc.ca/38/1/parlbus/chambus/h
three patients should be able to grow in one ouse/debates/020_2004-11-02/han020_1330-
The health implication misinformation is site, 75 plants, as per the Medical Marijuana E.htm
not the only problem, this whole “decrimi- Access Program. Under this bill, that would (5) Pg 1320/ web retrieval Nov 8, 2004
nalization” process, in our opinion, has been mean three cancer patients, who can’t get
an expensive exercise in futility. It has lead http://www.parl.gc.ca/38/1/parlbus/chambus/h
their doctor to sign the required forms, could ouse/debates/020_2004-11-02/han020_1320-
the public into believing marijuana will be be imprisoned for up to fourteen years each
almost legal in Canada, but the political rhet- E.htm
14 Cannabis Health
Canadian AIDS Society Response to MMAR
A coalition of community-based groups program is to find a physician that is willing remaining two provisions of the MMAR that
confronting HIV infections and AIDS to sign the request for authorization forms. were struck down, as they existed at that
The Canadian AIDS Society is a national We PROPOSE that the medical declaration time: (1) limit on one person holding more
coalition of 120 community-based AIDS should be limited to confirmation of diagno- than one licence to grow; and (2) limit on
organizations across Canada. We are dedicat- sis. The Minister could then authorize the licence holders growing in common with
ed to strengthening the response to applicant based on the Applicant’s more than two holders. We therefore request
HIV/AIDS across all sectors of society, and to Declaration and on the physician’s diagnosis. that section 41.(b) and section 54 be
enriching the lives of people and communi- If physicians are going to continue to be removed from the MMAR.
ties living with HIV/AIDS. required to be the gatekeepers in the medical We REQUEST that the MMAR provide
The Canadian AIDS Society’s Board (1) marijuana access program, then we RECOM- the authority for Health Canada to designate
of Directors favours a controlled legalization MEND that the Minister develop a communi- MORE licenced dealers. We RECOMMEND
system for cannabis in Canada. The current cation strategy targeted at medical practition- the implementation of a regulatory frame-
prohibitionist regulatory environment, ers in Canada. This effort could be done work to control and monitor the quality and
including the MMAR, is still unduly restric- jointly in collaboration with the various cost of the products and to ensure that
tive and hinders access to a safe, affordable, stakeholders. We also PROPOSE that the licenced dealers are adhering to rigorous agri-
varied and reliable supply of MMAR include a section that protects physi- cultural standards. We URGE that provisions
cannabis for therapeutic purposes be made to enable the current licenced deal-
without fear of prosecution or dis- er, Prairie Plant Systems, to offer a variety of
crimination for those who use it strains of cannabis, with both Cannabis indi-
therapeutically. This said, the
Canadian AIDS Society will contin-
The Canadian AIDS ca and Cannabis sativa options, and a variety
of THC and cannabidiol (CBD) levels.
ue to work with Health Canada to
provide input into the medical mar-
Society’s Board of To read the complete Submissions of the
Canadian AIDS Society on the Proposed
ijuana access program in the cur-
rent regulatory framework.
Directors favours a Amendments to the Marihuana Medical
Access Regulations, please visit
http://www.cdnaids.ca/web/backgrnd.nsf/cl
The proposed amendments to
the MMAR do not address the
controlled legalization /cas-gen-0089 . For more information, please
contact Lynne Belle-Isle, National Programs
social and economic fallout for
medical users. Measures must be system for cannabis Consultant, at lynneb@cdnaids.ca or at 1-
taken to ensure that costs for med- 800-499-1986, ext. 126.
ical marijuana are covered and that in Canada. (1) The Canadian AIDS Society’s
authorized persons, exemptees and Position Statement on HIV/AIDS and the
holders of licences to produce are Therapeutic Use of Cannabis is available on
entitled to insurance coverage. cians from civil action based on completing our Web site at: http://www.cdnaids.ca/
Canadians have a legal right to liberty and the application forms for their patients. web/position.nsf/cl/cas-pp-0021
security of the person, as set out in the Regarding the authorization to communi- (2) Hitzig v. Canada, Court of Appeal for
Canadian Charter of Rights and Freedoms, cate information to Canadian police, we Ontario, DOCKET: C39532; C39738;
and interpreted by Canadian courts. This REQUEST that further consideration be C39740, October 7, 2004, http://www.ontar-
includes the right to make decisions of funda- given on this matter and that measures be iocourts.on.ca/decisions/2003/october/hitzig
mental personal importance, such as the taken to ensure that this information not be C39532.htm
choice of treatment to alleviate the effects of used in the process of someone applying for a
debilitating symptoms with life-altering conse- police record check, that this will not result
quences. The threat of criminal prosecution, in continued surveillance of an authorized
or the power of a physician to block access to
a program that would alleviate the fear of pros-
person’s home or a licenced producer’s home,
and that this information will NOT be used
Cannabis Health
ecution, deprive seriously and chronically ill
Canadians of this right to liberty.
when an authorized person or a licenced pro-
ducer wishes to cross a border.
recommends that you
We FULLY SUPPORT the shift of respon-
sibility from the physician to the applicant.
We WELCOME the addition of a limited
authority for a pharmacy-based distribution
take the time to visit the
Applicants will now acknowledge and system for dried cannabis in the MMAR, as
declare their acceptance of the risks associat- ONE option for distribution. web site and read the
ed with the use of cannabis. We PROPOSE
We STRONGLY URGE Health Canada
that they should be accepting responsibility
for the amount of cannabis they intend to to re-examine its vision of phasing out entire statement of the
use, REGARDLESS of the amount. licences to produce. We CALL on Health
Canada to comply with the Hitzig decision Canadian AIDS Society.
The most difficult hurdle for applicants (Ontario Court of Appeal) address the
to overcome to access the medical marijuana
Cannabis Health 15
BC Compassion Club Response
to MMAR Amendments
16 Cannabis Health
BC Compassion Club Response to MMAR Amendments
waiting lists for specialists, nor the fact that For optimal health care, authorization to C.01.043 of those Regulations.
specialists are more resistant to the pro- recommend access to herbs must be extended According to these amendments, pur-
gramme than general practitioners. to the health care practitioners most experi- suant to a confirmation of diagnosis, and
This amendment demonstrates a lack of enced with herbal medicine, such as ministerial approval, a patient is legally
respect for the medical opinions of health Naturopathic Doctors and Doctors of licensed to access cannabis without a pre-
care practitioners and interferes in their rela- Traditional Chinese Medicine. scription. Therefore according to the pur-
tionship with their patients. 4. Natural Health Product poses of the Natural Health Product
Regardless of the condition in question, The amendments to the MMAR claim Regulations, cannabis could be classified as
one recommendation from a health care prac- that “Marihuana is a Natural Health
titioner must be sufficient to authorize legiti- a drug as defined Product.
by the Food and This amendment demon-
mate use of Cannabis or access Health Cannabis must be
Drugs Act and is
Canada’s medicinal cannabis programme.
not a natural
strates a lack of respect for regulated as a
Amendments to the MMAR state “Health Natural Health
Canada will continue to require the opinion
health product as the medical opinions of Product in order to
defined by the eliminate the obsta-
and support of a physician, since physicians Natural Health health care practitioners
are the professionals best positioned to assess cles presented for
P r o d u c t s patients, doctors, and
medical need. Decisions by the courts have Regulations.” and interferes in their rela- the governing bodies
lent support to the continued involvement of
physicians, including specialists.” For the purpos- tionship with their patients. of the medical com-
es of those munity that arise
The amendments reject the natural health Regulations, a sub- from attempting to
care professionals, since “with few exceptions, stance or combination of substances or a tra- regulate and administer this herb as a phar-
controlled substances can be sold or provided ditional medicine is not considered to be a maceutical product.
to a patient only by, or under the direction of natural health product if its sale, under the 5. Pharmacy Distribution
a physician, dentist or veterinarian.” Cannabis Food and Drug Regulations, is required to be
must be also considered an exception, since it pursuant to a prescription when it is sold Amendments made to physician forms
is a relatively harmless herb, unlike most other other than in accordance with section appear to have been designed specifically to
controlled substances.
Cannabis Health 17
BC Compassion Club Response to MMAR Amendments
place cannabis in “a more traditional health members - all at no cost to the taxpayer. variety, and safety.
care model.” There is an underlying assump- Community-based distribution through Health Canada must establish affordabili-
tion that this model entails only physicians Compassion Clubs could meet both the needs ty and reimbursement of the costs through
and pharmacies, and that this model is the of medical cannabis users and the other goals the provincial health insurance system, pri-
only one that will “enhance protection of the articulated by the MMAR by adhering to the vate insurance companies and tax deductions
health and safety of Canadians.” following standards: for all use of cannabis for recognized medical
While pharmacies may provide a base • Non-profit incorporation to guarantee conditions and symptoms.
level of service and facilitate access for some, financial transparency and ensure responsi- 3. Amnesty
this model is not sufficient to meet the needs bility to the consumer. Canadian courts have found that those
of all medical cannabis users. Pharmacies tra- • A minimum level of production and dis- who are using, supplying or producing
ditionally do not have the capacity to provide tribution standards based on Good Lab medicinal cannabis are providing an essential
the additional information and close moni- Practices (GLP) and Good Agricultural healthcare service. Unfortunately some
toring of patients postulated in the amend- Practices (GMP) guidelines. Canadians have received a criminal record
ments. They also will not be providing access •The exclusive use of organic cultivation for providing or using medicinal cannabis.
to the variety of strains and delivery options practices.
needed to address the many symptoms of To restore justice, medicinal cannabis
medical cannabis users. •Participation in inspections to ensure users, distributors and their suppliers must
standards are being met immediately be given amnesty.
Health Canada must recognize
Compassion Clubs as the ideal compliment to Community-based, non-profit 4. Decentralization of Authorization
the pharmacy model, allowing the needs of Compassion Clubs are an effective, afford- The Office of Medical Cannabis has spent
all medical cannabis users to be met. able, sensible, and time proven way, not only millions of dollars operating an unnecessary
bureaucracy that has produced little
Additional Required Amendments benefit to Canadians. Compassion
The proposed amendments have Clubs, by contrast, implement high
failed to address some of the major
concerns articulated by medical
Compassion Clubs across standards of eligibility and provide
quality medicine to thousands of
cannabis users.
1. Licensing of Compassion Clubs
Canada have garnered Canadians at no cost to Canadian tax-
payers.
The court-ordered remedies,
which have been ignored in these unique and invaluable The decentralization of the Office
of Cannabis Medical Access pro-
amendments, were meant to clear the gramme and the legitimization of
way for licensing of Compassion
Clubs. In court, Health Canada stated
experience supplying Compassionate Clubs will not only
save Health Canada precious
that these clubs addressed the supply
issue since they “historically provided cannabis to over 8000 resources, it will also address many of
the concerns expressed by those who
a safe source of marihuana to those could benefit from the medical use of
with the medical need” and that “
these ‘unlicensed suppliers’ should
medical cannabis users cannabis.
continue to serve as the source of sup- Like other natural health products
ply for those with a medical exemp- and pharmaceutical medications, the
tion.” Despite their own claims, Health to distribute medicinal cannabis, but also to lawful possession of medicinal cannabis must
Canada has still not integrated Compassion provide suffering Canadians with valuable not require authorization from a centralized
Clubs into the legal framework. services no other model can offer. federal body, the Office of Medical Cannabis
Access.
For over seven years, Compassion Club To ensure the future success of a medical
operators have been risking arrest and crimi- cannabis programme, Health Canada must Conclusion
nal prosecution in order to address the press- respect Compassion Clubs as an effective dis- Health Canada has been put in the chal-
ing medicinal needs of Canada’s critically tribution model that has already proven the lenging position of balancing the needs of law
and chronically ill. This vital work has been ability to meet the needs of many medical enforcement, the medical establishment and
recognized by numerous Canadian courts, as cannabis users and save the government a medical users of cannabis.
well as governmental bodies such as the significant amount of money. The implementation of our recommenda-
Senate Special Committee on Illegal Drugs. 2. Cost Coverage tions is necessary to meet the needs of the
Compassion Clubs serve a clear and neces- These amendments fail to address the hundreds of thousands of Canadians who
sary purpose, and have the strong support of vital concern of cost coverage that primary could alleviate their chronic pain, improve
their local communities and of the Canadian stakeholders expressed directly to Health their appetite and relieve their nausea, while
public as a whole. Canada during the consultation session in staying productive and maintaining a level of
Compassion Clubs across Canada have Ottawa in February 2003. The failure to act hope and happiness despite their serious con-
garnered unique and invaluable experience on this important issue will continue to force dition.
supplying cannabis to over 8000 medical many legitimate users of medicinal cannabis For more information: Rielle Capler,
cannabis users, including many MMAR into poverty. Strategy and Communications BC
license holders. The BC Compassion Club Cost coverage must address all costs of Compassion Club Society, rielle@thecompas-
Society (BCCCS) provides access not only to medicine, including personal cultivation and sionclub.org phone: 604-875-0214 www.the-
clean, high quality cannabis, but also pro- purchases from Compassion Clubs and must compassionclub.org
vides education, monitoring, support and not be limited to Health Canada’s product,
other natural heath care services to their which is below quality standards for potency,
18 Cannabis Health
Meduser Group Response to Health Canada
FOR IMMEDIATE RELEASE enforcement are more important than the these requirements, and it is evident from
Monday, November 15th, 2004 needs of patients. The result of this posi- the lack of action in acknowledging and
tion is that the MMAR and Office of addressing these concerns, that the needs
Press Statement from the Meduser
Cannabis Medical Access program of patients are not a priority in MMAR
Group which is comprised of 15 percent of
remains an ineffective, cumbersome and policy development and amendments.
the patients participating in the medical
faulty program. CONTACT: Canada western rep:
marijuana access program of Health
Canada’s Office of Cannabis Medical There are continuing admission prob- Philippe Lucas (Victoria, BC) Phone: (250)
Access. lems for those wishing to enter the MMAR 884-9821 Email: phil@drugsense.org
program, and there are continuing Canada western rep: Eric Nash (Duncan,
This statement is our official response
cannabis supply problems for those already BC) Phone: (250) 748-8614 Email:
to Health Canada’s recent proposed
within the system. eric@westcoastdigital.com Canada central
“Marihuana Medical Access Regulations”
In addition to the MMAR admission rep: Alison Myrden (Burlington, ON)
amendments, which were published in the
and supply problems, Health Canada’s Phone: (905) 681-8287 Email:
Canada Gazette. (Vol. 138, No. 43 - October
long-term vision of phasing out personal myalison@cogeco.ca Canada eastern rep:
23, 2004)
and designated medical cannabis produc- Debbie Stultz-Giffin (Bridgetown, NS)
Although Health Canada invited Phone: (902) 655-2355 Email: cliff.gif-
tion licences is unacceptable to patients
patients to the table to provide input on fin@ns.sympatico.ca
who wish to cultivate their own supply of
the MMAR program, based on their needs
medical cannabis.
as the primary stakeholders in this pro-
gram, it has failed to implement their rec- The recent proposed MMAR amend-
ommendations. ments fail to address the primary intent of
the MMAR program, which is to provide
Health Canada is ignoring input, rec-
people who wish to use cannabis medici-
ommendations and rulings made by
nally with efficient compassionate access
patients, the Canadian Senate Committee
to a range of safe and effective sources of
and the courts.
marihuana.
Health Canada’s position seems to be
Health Canada continues to ignore
that the desires of physicians and law
Cannabis Health 19
How To Change the World
20 Cannabis Health
How To Change the World
rience of 6 months of trying to care for Misty at a ranch in Georgia. After I rest up, I will LEAP in 2005 will continue its primary
allows me to relate to being a mom. The find a place for the two of us near mission of speaking to civic groups and any-
most gut-wrenching memories of the first Washington DC. In 2006 I will be a lobbyist where there is an audience of the ‘unconvert-
trip were the nights of no food for her. After for LEAP in the US Congress. ed.’ More frequently, the phone is ringing and
she worked hard to carry my little butt 35 to
60 KM, she would look at me with her one,
big, brown eye asking where is dinner.
When I had none to give, it broke my heart.
Luckily, those nights were few and far
between. Even with the bold t-shirt, people
from coast to coast volunteered to help out
with grain and water. One particular nasty
60 KM stretch on I-84 from Mountain Home
to Boise, ID was almost typical. We rode out
at daybreak and the temperature quickly
rose to 40 Centigrade. After 44 KM of blaz-
ing sun in the desert, we stopped at a truck
stop for lunch. Misty had plenty to drink
but here, there was not even a postage stamp
of grass. As I was about to enter the café, I
spotted at the pumps, a stock trailer full of
sheep. I asked the shepard, if I could buy
some hay. He said no, but I could have all I
wanted. Misty had a fine lunch of three
flakes of alfalfa. This story repeated itself all
across America.
After we ride into the Big Apple in early
November, Misty will receive two months off Howard and Misty with some new friends in Oregon
Cannabis Health 21
How To Change the World
22 Cannabis Health
The Cannabis Buyers Club & Hempology 101
by Ted Smith I believe that the responsible use of quality days later, it resulted in an awkward police
Hempology 101 started weekly meetings cannabis gives more benefits than harm to search and seizure, which put the club in debt
in Vancouver in November 1994, and I the average healthy person. However, under but did not shut the doors. Warrants were
attended my first meeting in January 1995. the circumstances I believe that the most vul- issued in March and June of 2002, which
By Sept I had decided to host the Wednesday nerable and ill of our citizens should not have again put the club in more debt and worried
night meetings in downtown Victoria and to wait for the laws to change, or their doctor the membership.
volunteered to write a Hempology 101 text- to become supportive, before they gain access We petitioned city hall relentlessly.
book. With my involvement in the move- to a club. By limiting membership in the club Council passed a resolution stating support of
ment, I met a woman who made cannabis- to people with incurable
infused salve and cookies and in January medical problems we hope
1996, we decided to start the Cannabis to take the first step
Buyers Club. The CBC was the first public towards full legalization.
medical cannabis club in Canada complete Since the early days some
with a pamphlet and a pager number. I found people believed the CBC
a downtown apartment a couple of months went too far and groups
later in Victoria, but more thieves appeared like Hempology 101 should
than donors in those first few years and the be kept distant from med-
services of the club stayed quite limited. ical suppliers.
Cannabis Health 23
The Cannabis Buyers Club & Hempology 101
medical cannabis and requested Health Geiwitz testified as an expert witness and forms stating they suffer from problems such
Canada to send a representative to Victoria to educated the judge about the effects of as road rage and referring to the café as a
explain the M.M.A.R. After the June raid, I cannabis. On Sept 7, 2004, Justice Chaperon compassion club, the Da Kine operators did
ran for mayor of Victoria in an attempt to granted a judicial acquittal to Colby Budda not portray medical cannabis clubs as legiti-
prove I was not a criminal. Another raid in and me, since the person who brought the mate. It is ironic as I find myself criticizing
Feb 2003 made us feel like we had a gun police to our door was cut-off for re-selling. Da Kine after years of being told by V.I.C.S.
pointed to our heads even though they had She recognized our motives were not for that “…simply requiring a diagnosis of condi-
never pulled a gun during a raid. We kept profit but for helping sick people only. tion leaves too much room for abuse in an
working through it all. No cannabis from Health Canada was already contentious treatment.”
My constitutional challenge had been available until the summer of 2003, which Having convinced a judge that requiring
delayed pending a Supreme Court decision in means before then, clubs like ours were the a doctor’s recommendation from people suf-
Clay/Caine/Malmo-Levine and in the sum- only option for anyone with a legitimate med- fering from incurable medical problems is
mer of 2003 a technical argument was suc- ical need. Charges from the March 2002 and unfair, we cannot help but wonder what the
cessful in getting charges dropped from the Feb 2003 raids should get dropped in 2005. situation would be if our mandate were used
June 2002 raid. On Dec 23, 2003, the The day after our acquittal, B.C. Solicitor across the country. According to some esti-
Supreme Court 6-3 decision in favour of the General, Rich Coleman was asked if pot mates, 1 million Canadians may need access
cannabis laws signaled the beginning of my stores would be allowed to continue, consid- to cannabis as medicine. Currently, the CBC
trials. We managed to get the Jan 2002 trial ering Chaperon’s decision. His response was assists about 1,700 people in Victoria and
set first. that sick people could get their pot from about 7,000 people are members of legitimate
Arguments began in May, with police Health Canada and anyone openly selling pot clubs across Canada. Statistically about
admitting I was cooperative and the club would be shut down. The next day the Da 70,000 people in the Lower Mainland should
“was run like a pharmacy.” I testified that we Kine in Vancouver was raided, and though it have constitutional protection to use
spent years publicly advocating, we opened reopened, it eventually closed because of cannabis.
the store after police told us to, and I argued police and media pressure. Establishing medical clubs is an impor-
that requiring a doctor’s recommendations to Unfortunately, the Da Kine attempted to tant step in the legalization of cannabis.
use cannabis was an unreasonable barrier to use the medical issue to shield commercial Hempology 101 and CBC will continue to
place upon someone already diagnosed with activities. By requiring members to sign work towards this end.
an incurable medical problem. Dr. James
Cannabis Health 25
Insurance Coverage for Grow Operations
Homeowners’ insurers across Canada are Dennis Prouse: No, your policy would any plant inside. Firstly, it should be noted
facing an ever-increasing number of claims very much still be in force. It is useful to that “seepage and leakage” is not covered. In
made by the owners of residential rental remember that an insurance policy is a civil other words, if you end up with wet, damaged
properties whose tenants use them for large contract entered into between you and the drywall from too much moisture in a room,
marijuana grow operations, and, in the insurance company. Just as you must live up you are unlikely to have a claim. Mould is also
process, do extensive damage to the premises. to the commitments you have made in that not covered, nor is regular wear and tear.
Insurers of such properties have denied civil contract, so too does the insurer. This Insurance is designed to cover you for sudden
claims arising out of large grow operations, as means, amongst other things, that an insurer and unexpected events - fire, the neighbour’s
rental dwelling policies cover only named cannot conduct itself in what the courts call, tree falling on your house, someone suing you
perils, which usually include “vandalism and “bad faith”. Policies can only be voided under because they slipped on your walk, etc. A
malicious acts”. Insurers have argued a resi- very specific circumstances, all of which are steady accumulation of inadvertent damage
dential rental premises turned into a grow-op spelled out in the Insurance Act. Given that from indoor gardening, on the other hand, is
does not constitute an act of vandalism and most policies these days are an “all risks” pol- unlikely to be covered.
therefore falls outside the scope of any named icy, this means that any exclusions have to be We would advise your readers to do what
peril. However, in Takhar v. British Columbia specifically spelled out in the policy. The every other consumer should do, read your
Insurance Co., a recent decision of the B.C. insurance industry is not a regulator, nor are policy. Understand your insurance, and
Court, a landlord, whose claim had been we a law enforcement agency. Insurers meas- know what is covered, and what isn’t. We
denied, challenged the validity of such a ure and price risk. Applying common sense find that the number one source of difficul-
denial. The Claimant sued the insurer, and works well in this instance - do two or three ties on insurance is the fact that consumers
the Court decided the case in his favour. plants pose an undue risk to the property? haven’t read their policies, and therefore
Not really. From a strictly insurance perspec- don’t understand their coverage. It seems
The Court in Takhar held that its 1995 tive, it wouldn’t be much different than get-
decision in Huynh v. Continental Insurance strange that people would spend several hun-
ting your tomato plants an early start inside. dred dollars a year on a piece of paper they
Co., in which it was also held that damage Would dozens and dozens of plants pose an
caused by a grow operation constituted van- haven’t read, but that is often the case with
undue risk? Yes, and for a couple of different insurance. Read and understand the civil
dalism, was not wrongly decided, and in any reasons. First of all, this many plants could
event, the policy at issue was revised subse- contract into which you are entering, and
reasonably be interpreted as being a commer- you will be much better off.
quent to Huynh. In light of that fact, the cial operation, which dramatically changes
Judge held that the Defendant could easily the nature of the insurance risk. Secondly, After receiving this great information
have included in the policy a specific exclu- the growing of so many plants indoors almost from Dennis at Insurance Bureau of Canada,
sion for marijuana grow-ops. As a result always means that modifications have been we were still left wondering if there was any
most Canadian insurers now put specific rid- made to electricity, plumbing, exhaust, and kind of insurance coverage available for the
ers in their homeowner policies that absolve sometimes the structure of the home. Any “three growers of marijuana for medical use
them of any liability if a property has been reasonable person would agree that this now in one location” as allowed within the
used for that purpose. If you don’t know constitutes an increased threat to the home. Marijuana Medical Access Regulations, but
whether you are covered or not, read your in a commercial setting, not residential. We
policy. A standard clause might look some- CH: Should the patient who grows a few contacted an old friend still in the commer-
thing like the following: plants in their home declare it to their cial insurance business and asked him if any-
insurance company? one would have a market for this type of
Grow Op Exclusion
Loss or Damage not Insured DH: Again, common sense should be the operation. He contacted a broker and this is
guide here. Read the terms and conditions of what we received back:
We do not insure loss or damage resulting your insurance policy, and see if what you are
from any intentional or criminal act or failure Unfortunately our Lloyd’s have passed on
doing is in compliance with it. It is hard to this one. We don’t have another market. Maybe
to act by: any person insured by this policy: or imagine anyone getting themselves too excit-
any other person at the direction of any person if they had an association we could get some
ed about a couple of plants for personal use. interest, if anything just to do inspections and
insured by this policy; any tenant, tenant’s However, no one is going to insure the plants
guests boarders, employee or any member of the check up on the quality control, what a great job
themselves. This is really no different from eh? The Open Market at Lloyd’s start at
tenant’s household whether you have knowledge the fact that, as a homeowner or renter,
of these activities or not. $25,000 for 1mm liability, would your client be
insurers won’t cover your prize-winning rho- interested at that price? The only other option
Any damage arising directly or indirectly dodendron either. Crop insurance, or insur- would be to start an insurance program for all
from the growing, manufacturing, processing or ance for anything biodegradable for that mat- the growers in Canada.
storing by anyone of any drug, narcotic or ille- ter, is not sold by private insurers. Only gov-
gal substances or items or any kind the posses- ernments sell crop insurance. Those who run Considering $25,000 is considerably
sion of which constitutes a criminal offence. commercial greenhouses can get insurance, more then the average chronically ill person
This includes any alteration of the premises to but only on the structure, not the plants receives a year in disability payments or part-
facilitate such activity whether or not you have themselves. time income and there are no profits to be
any knowledge of such activity. made in the personal medical growing of
From that perspective, there’s really noth- marijuana, I would say “the Open Market at
For further information we interviewed ing to disclose, given that plants of any kind Lloyd’s” is definitely not an option. However,
Dennis Prouse, Government Relations don’t get insured. It is easy, on the other hand, starting a “medical growers association and
Manager for the Pacific Region of the to imagine why insurers, police, and neigh- insurance program” has interesting possibili-
Insurance Bureau of Canada. bourhood groups would be concerned about a ties. Food for thought…..
Cannabis Health: Does this mean if you larger scale operation that significantly
changes the nature of the risk. People should Legal source: Clark, Wilson Insurance Bulletin
grow a few plants in your own home - Case Law Review Archive
that your whole insurance policy is null be aware what insurance covers and doesn’t
and void? cover, and how that pertains to the growing of
26 Cannabis Health
Growing Marijuana from a Health Point of View
Don McIntosh - GroPro International splash of water on a hot light bulb can cause health standpoint. Here we suggest preventa-
Winnipeg Manitoba that bulb to explode, subjecting you to harm- tive measures. Since humidity facilitates fun-
Many articles have been written about ful UV light and flying glass. A drip system is gus growth, it’s a good idea to try to lower
how to grow marijuana. Most people under- a safe way to feed your plants and there’s less humidity and make conditions unfavorable
stand the basics of growing pot; the lights, the physical effort as well. Your job is simply to for fungus to thrive.
fertilizer and equipment have been well doc- change the solution in the reservoir once a One way to achieve this is an exhaust fan
umented elsewhere. Our intention here is to week and set the timer for the length of the in your room to remove hot air and humidity
offer some tips on growing with health in watering period. quickly. Don’t scrimp here! Get a fan much
mind. A weakened immune system does not During the process of growing your bigger that the cubic feet it is rated for. If on
need to be further compromised by pesti- plants, you would be lucky not to get some a thermostat or humidistat, the fan should be
cides, fungus or a virus. We also touch on kind of bug infesting your garden. To opt for off as much as it is on. If it runs continuous-
safety, cost and labour saving techniques. a pesticide to deal with bugs is a poor choice. ly, it’s too small and can never achieve the
When buying equipment, don’t get talked Not only are most of these chemicals extreme-
into a big, fancy, fully automated system with ly toxic to people, most don’t have much of an
all the bells and whistles. Claims of projected effect on the insects. They have built up
yields and ease of operation are often highly immunity to most pesticides, and no chemi-
exaggerated and really don’t justify the cals kill the eggs. You and your plants are bet-
expense. With some thought and pre-plan- ter off to use biological controls. For every
ning, a system can be set up with your special pest, there is a predatory insect that will eat
needs in mind. all stages of growth, including the eggs, and
will not hurt you or your plants. There are
For instance, for very little money, a drip
also more simple controls like sticky cards
system is a great idea for both the gardener
that act like fly paper. Remember, insects are
and the plants. A submersible pump forces
animals and so are you. What harms them
the water/fertilizer mix from a reservoir (a
can harm you, especially if your health isn’t
cheap storage container made from plastic,
so great to begin with.
100 litres or so) to each plant site through
small tubes called spaghetti line. An inline Another problem in grow rooms is
dripper slowly drips the solution near the mould. Moulds are a type of fungus and there
plant. Each time it drips, oxygen encases the are hundreds, if not thousands, of different
droplet and goes directly to the roots. The kinds. Some make even healthy people sick
plants love it and you’ll benefit from no more and they can devastate your plants if not con-
hand watering. This is important because trolled. Some growers apply fungicides as a
water and electricity don’t mix. A spill in the control. Although not usually as toxic as pes-
wrong place could be deadly. Even a small ticides, they are still questionable from a
Cannabis Health 27
Growing Marijuana from a Health Point of View
desired temperature or humidity level. environment. Dry to the point where the
If it’s in the budget, we suggest a second stems almost snap. By doing this, you are
fan that would sit right on top of a carbon fil- ensuring all the fungi are dead. Most every-
ter canister. The air (and pollutants) are one is familiar with “wet” pot that stinks of
pulled through and trapped by the filter, mould. It isn’t very good for you either! Once
releasing purified air from the exhaust port dried, moisture can be reintroduced into the
of the fan. Dehumidifiers work to some buds, making them nice and smokable.
extent, but are usually too small for grow We hope those of you who have opted to
rooms and require some degree of labour to grow your own have success and peace of
maintain. Not allowing standing water in the mind knowing the exact history of the plants
room is a good idea. Your storage you’ll be smoking. Buying off the street, or
container/reservoir should have tight fitting even medical marijuana from the govern-
lid. Also, don’t foliar (leaf) feed. The harm ment, leaves a lot of questions about quality.
outweighs the good. Was it grown organically? Did they use pesti-
Finally, watch for moulds after the plants cides? Did they avoid contamination from
have been cut down. Cure in a cool, dark, dry fungus? When you grow, you know. And
that’s got to be a good thing.
28 Cannabis Health
Ontario Hemp Alliance
tract with Ridgetown College/University of There are four different approaches that
Guelph. This project is focused on develop- can be utilized in the evolution of native vari-
ment of hemp grain/seed varieties more suit- eties. 1. Cultivate feral hemp; carry-over vari-
ed to southern Ontario’s latitude, 42 – 45 eties from by-gone years when hemp was
degrees north. These strains would also be widely grown in Ontario. Unfortunately, at
suited to areas of similar latitude, such as time of writing, none of the feral varieties
Southern Quebec, New England, Michigan, being researched have been registered and
New York, Wisconsin, Minnesota, the therefore cannot be considered for the
Dakotas, and the northern agricultural areas approved list. 2. Propagate domesticated
of Illinois, Ohio, Nebraska, Pennsylvania, European or Asian varieties. The most
Iowa and Indiana. notably successful domesticated variety is
The project’s goal is to develop industrial FIN314 (FINOLA) from Finland. . There are
hemp strains with the following qualities: problems however. FIN314 doesn’t do well in
Ontario – it does better at higher latitudes
High yield – 15,000 lbs per acre - large (north of the 50th latitude). 3. Develop,
seeds for dehulling - low THC profile - high through genetic engineering, enhanced vari-
essential fatty acid profile - seed heads at a eties. The OHA will not support this type of
height easy for harvesting of the grain - ade- research on any variety of Cannabis Sativa
quate straw yield for fibre - weed resistance - for fear the future of the industrial hemp
good colour and taste industry will be significantly endangered and
It is likely that the eventual legalization potentially destroyed by the introduction of
of industrial hemp-growing in the US will any genetically engineered germplasm. 4.
create a demand for the protocol that Canada Develop, through cross-pollination and natu-
is now using, with an emphasis on low THC. ral selection, new varieties, the best long
The work being undertaken by the OHA has term approach. Breeding targets include:
great bearing on the farmers of the northern potential cost savings over imported vari-
USA. They will likely be planting the vari- eties, business opportunity for breeders, Honey bee on male hemp flower
eties being developed in Ontario today. higher yields/greater productivity than from
Since industrial hemp cultivation became current available types, improved viability
legal in Canada in 1998, several organiza- under Ontario growing conditions, improved
tions have invested time, money, and effort to essential fatty acid profile for the grain,
introduce native varieties to the market
place.
Cannabis Health 29
Ontario Hemp Alliance
is available. Registered seed was pro- available. The OHA has contracted Peter
duced in 2004. The second, ANKA, a Dragla, one of the most respected plant
grain variety, is currently available and breeders in Canada, to develop an enhanced
should be available in 2005. New breed- replacement for ANKA. 2004 is the last year
er and foundation stock must be re- the current stock of ANKA can be propagat-
developed to extend its life beyond 2005. ed. This is the end of the line for ANKA. The
Breeder seed was re-developed in 2004. OHA does have some registered 2001 seed
Because ANKA is a good and known which is one generation closer to foundation
variety, the OHA would like to extend its stock than the seeds being planted this year.
life through a breeding project. ANKA They will endeavour to use this seed to re-
has a good EFA profile and low THC develop ANKA breeder and foundation seed,
along with good colour and taste. thus giving them complete and exclusive con-
The breeder costs were estimated to trol over ANKA and can continue market
be $15,000 per year for three years. availability beyond 2005.
Funding from CanAdapt (a program In order to do this, the OHA needs your
under Agricultural Adaptation Council help. The biggest hurdle they are facing is
operated by Agriculture and Agri-Food finding funding to allow them to continue
Canada) would be sought if industry their work. To match a CanAdapt grant, the
partners were willing to invest. For the OHA is faced with a $5,500 invoice already
Gordon Scheifele B.Sc. M.Sc., President, Ontario summer of 2003, the OHA, in partner- past due for the second year’s work. They
Hemp Alliance (and Master Agronomist) ship with a couple of investors author- have $2,000 now and need another $3,500
ized continued research with breeder CDN as soon as possible to keep this seed
removal of importation problems, control of plots at Ridgetown College and in the breeding program alive, and another $25,000
supply and quality, further reduction in Ridgetown area. In November 2003 OHA to bring it to fruition (completion in 2005).
THC, adequate post harvest straw, and accru- received funding for the project through They are finding the need to solicit funds
al of royalties to Canadians. CanAdapt and were then able to purchase outside the obvious hemp trade since most
There are currently seven varieties that (from Industrial Hemp Seed Development Ontario/Quebec hemp food companies now
have been developed in Canada, two of which Corporation - IHDSC) all legal ownership depend on the Prairie Provinces for their
are owned by the OHA. The first is CAR- rights of its breeding seed germplasm includ- hemp grain and are putting all their resources
MEN, a fibre variety not in production. New ing the registered grain variety ANKA and into keeping up with the ever increasing
breeder and foundation stock must be rede- the fibre variety CARMEN. demand.
veloped. Certified seed from 2001 production It will be 2007 before commercial seed is For further information contact: Gordon
Scheifele B.Sc. M.Sc., President, Ontario
Hemp Alliance (and Master Agronomist),
CONROY & COMPANY 151 N. Woodstock St, PO Box 776, Tavistock,
Barristers and Solicitors ON N0B 2R0, gscheifele@rogers.com or
JOHN W.CONROY, Q.C. Claude Pinsonneault, Chairman, Breeding
Barrister and Solicitor Programme, Ontario Hemp Alliance, 6679
2459 Pauline Street Maple Line, RR #8, Chatham, ON N7M 5J8
Abbotsford, B.C. claude@kent.net
Canada V2S 3S1 Ph: 604-852-5110
E-mail: jconroy@johnconroy.com Toll Free:1-877-852-5110 www.ontariohempalliance.org
Website: www.johnconroy.com Fax: 604-859-3361 www.hempindustries.org
30 Cannabis Health
Cooking With Cannabis
After the Look at the range in the
last article a numbers of servings and again
few people have remember it all depends on the
asked me, how potency of your marijuana.
do you regulate Try it out, test some recipes
the dosage in and know the potency of your
your edibles so butter. Remember to err on the
you know how side of caution. With that,
much to eat? here is this month’s recipe.
This is the real ULTIMATE
trick to cooking CHOCOLATE FUDGE
with cannabis
Delynn Armitage 1/2 cup marijuana butter
and mistakes
either way of 1 oz. bittersweet chocolate
too much or too little can leave you feeling 1 cup sugar
that you’ve wasted your time and marijuana,
or on the other end of the spectrum can leave 1/2 cup milk
you a total mess. Through my research into 1/4 cup cocoa
this I have found the following guidelines in
1/4 cup nuts (optional)
the Marijuana Herbal Cookbook by Tom
Flowers and found them to be fairly accurate Melt and mix on low heat
taking into account of course the potency of over a double boiler, spread on
your cannabis. shallow baking pan, allow to
cool and set. Enjoy!
For a person weighing 150lbs who has
some experience with marijuana the dosages
are as follows;
Leaf - 1/2 to 2 grams/ Bud - 1/4 to 1 gram/
Hashish and Keif - 1/8 to 1 gram
Using these guidelines 1/4 ounce makes the
following number of servings
Leaf - 4-15 servings/ Bud - 8-25 servings/
Hashish and Keif - 4-34 servings
Cannabis Health 31
Cannabrex Nutriceutical
lungs. An innovative Montrealer in just this THC, but current legislation has forced
situation has not only developed an alterna- Cannabrex to offer the next best thing: The
tive delivery system for ingesting cannabis, Cannabrex Home Encapsulation System.
but he has decided to share it with the world. Also known as the Cannabrex Kit, this new
Peter Horowitz, a partner in Cannabrex product comes with all the necessary ingredi-
Advertorial Nutriceutical, explains: “a great friend of ents and instructions to make THC capsules
mine has a condition that he treats with at home. The process maximizes THC
Montreal Company offers a way to make absorption while minimizing unhealthy or
THC capsules at home cannabis. He smoked a lot, and aside from
affecting his health, being a “pot smoker” unpleasant side effects that come with smok-
There are thousands of people who have also lent him a reputation that he enjoyed ing, eating or other means of ingesting
never used cannabis, but would consider less and less as time went by. Married with 3 cannabis.
using it medicinally - if it weren’t for the children and attending trade school, he pre- There are already people using
social stigma attached to smoking pot. There ferred that his kids, his boss, and his instruc- Cannabrex Capsules to treat such conditions
are also hundreds of thousands of people who tors did not see him go out to the parking lot as Multiple Sclerosis, Bipolar disorder, back
are currently benefiting from the healing to smoke a joint. With some help. he worked pain and Crohn’s disease.
properties of cannabis, but fear that smoking on different ways to ingest cannabis and it’s
is taking its toll on their health – mainly their Besides the Home Encapsulation System,
derivatives. Eventually, the Cannabrex team is currently working on
we developed an effi- several other exciting products that will help
cient and simple way to pave the way towards the normalization of
make capsules contain- marijuana in the 21st century. Visit their
ing THC”. website www.cannabrex.com regularly to see
After receiving what’s new.
countless requests for
samples and instructions
on how to make his THC
capsules, Horowitz con-
vinced his friend to offer
this innovation to the
public. Ideally, the cap-
sules would be available
already containing the
32 Cannabis Health
A r o M e d Va p o r i z e r
Product Review
At first glance you would think this to be some type of medical
device or even a funky bed side light. It is in fact the AroMed Vaporizer,
another example of the dominance of German technology in the vapor-
ization market. The system is more complex than some, but rest assured,
learning to use this unit will be worth your while. The base, the electri-
cal brain of the unit, is nicely finished and heavy enough to sit securely
on a flat surface. Extending from the base is a flexible metal hose and on
the end is a small high intensity halogen light. The cannabis is placed in
a glass bowl and snapped into place a fixed distance from your mini sun.
So far so good. As the user draws air through the cannabis in the bowl,
the halogen light, regulated by the base, increases in intensity to create
and sustain the perfect vaporization temperature at the bowl.
One final cleansing action takes the vapor that is drawn from the
bowl and passes it through a water bath before it finally enters the user’s
lungs. This is a passive system and your favorite mix can be left for
extended periods baking in
the glass bowl until you
choose to use. Being able to
view the load as it changes
color encourages smokers to
use less and enjoy it much
more. Compared to vaporiz-
ers that drive air through
the cannabis, this unit is
sophisticated, refined and
will appeal to the cannabis
user who is seeking to
vaporize with surgical clean-
The new AroMed 4.0 at CannaBusiness liness and precision.
2004 with Howard Marks
Cannabis Health 33
34 Cannabis Health