A constitutional challenge to the 2013 Marihuana for Medical Purposes Regulations (MMPR), which prevented people who obtained medical marijuana licenses after 2013 from growing their own pot at home and instead asked them to buy weed through the mail from a small number of licensed distributors, was upheld by a British Columbia judge today.
Thanks to the successful challenge, raised by four BC residents, people with medical marijuana licenses may legally be able to grow their own pot at home again.
The ruling will be suspended for six months in order to give the Canadian government time to legislate on medical marijuana if it chooses. In the meantime, an injunction allowing people with pre-2013 licenses to grow their own pot at home will be upheld. Judge Michael Phelan emphasized in his decision that the ruling is not about marijuana legalization directly, but rather lawful access to medical marijuana by legitimate patients.
The specific section of the Canadian Charter of Rights and Freedoms at issue in the case states that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."