Can HIV AIDS Policy Law Rev. 2003 Apr; 8(1): 57-60.

Marihuana Medical Access Regulations unconstitutional because they do not provide for legal source or supply of marijuana.

Betteridge G.

Policy & Research, Canadian HIV/AIDS Legal Network, Canada. gbetteridge@aidslaw.ca

In a 9 January 2003 ruling in Hitzig, the Ontario Superior Court of Justice determined that the Marihuana Medical Access Regulations (MMAR) fail to provide for a legal source and safe supply of marijuana. This failure infringed the applicants' section 7 Charter rights to liberty and security of the person in a manner inconsistent with the principles of fundamental justice. The MMAR could not be saved under section I of the Charter. The Court declared the MMAR invalid, but suspended that order for six months to allow the government to decide how to create a legal source and supply of marijuana.