canada

Canada Still Hashing Out Cannabis Act Details

Canada Wants More Time To Review Cannabis Act

In an interview last Thursday, Prime Minister Justin Trudeau said that recreational cannabis is on track for summer. This promise comes despite significant push-back from Canadian senators for a delay in the implementation of the new law. Officials claim that they may need up to a year for consultations with indigenous communities before implementing the Cannabis Act.
The committee in charge of the talks say the government needs the extra time to ensure “culturally sensitive” materials are available to indigenous peoples to warn of the risks of consuming cannabis. Officials also want to finalize negotiations for revenue sharing with First Nations before the law goes into effect. First Nations government representatives want to make sure they get a fair share of the millions of dollars in taxes Canadians expect to come in.
Beginning in 2018, all cannabis providers in Canada must be authorized by Health Canada to provide dried marijuana, fresh flower, or cannabis oil to patients. The government has created a list of all authorized providers under the Marihuana for Medical Purposes Regulations. The list is available to review and download on the Health Canada Website.

Some Providers Aren’t Fully On Board

Health Canada takes compliance seriously. They have a number of enforcement tools including suspending or revoking licenses. Non-compliance can also lead to prosecution so providers have a major incentive to conform to the regulations.
Despite the ramifications, there are approximately 300 medical marijuana providers across the territories operating illegally. Law enforcement is aware of them and taking action to shut them down. But until the Cannabis Act is passed and implemented, dispensaries don’t have to follow standards so shutting down bad actors is a challenge.
The lack of oversight means that many Canadian dispensaries obtain their product from the black market. Patients needing clean medicine put themselves at risk when purchasing from these providers. So many patients bypass the mess and grow their own. But there are still many rules and regulations Canadians need to learn and follow when growing their own medicine.

Patients Have Some Protection

Medical users aren’t allowed to let others smoke, import or export their cannabis, seeds, or derivatives. That includes things like hashish, concentrates and even resin. It doesn’t matter if they grew it themselves or if they purchased it from a licensed provider, sharing is strictly forbidden.
But if you so happen to have marijuana seeds on hand and a medical license, you are in luck. In 2016, a British Columbia judge ruled that medical cannabis users are allowed to grow at home. With the right documentation from the Government, some Canadians are allowed to grow marijuana seeds for medical use legally.
However, until the Cannabis Act is finalized, it is still illegal to produce and distribute marijuana for recreational purposes. This makes the delay a major concern to people trying to get ahead of the curve. Another year of debating can lead to millions of dollars in lost revenue and thousands of patients without access to safe products.

Do you think the delay in implementing the new Cannabis Act is justified? Is Health Canada doing the best thing for patients and the population at large? How do you think the government should handle the situation? Let us know in the comments section!

 

MMJ Patients Banned from Owning Gun wr

MMJ Patients Banned from Owning Gun

Marijuana Patients Can’t Own a Gun

Christopher Morales is a California Criminal Defense Attorney well versed in gun law. He believes that the Gun Control Act of 1968 prohibits anyone who uses cannabis medically from owning a gun. Unfortunately for the cannabis consuming public, some state courts agree.
The exact wording on the federal law is vague and misleading because it says “unlawful user or anyone using a federally restricted substance”. Cannabis is a federally restricted substance but many states consider medical use as lawful. But gun ownership is federally protected but considered a state controlled matter. So courts had to decide if following state laws protected patients from the federal clause preventing ownership of firearms.

The Gun Control Act


The Gun Control act is also full of outdated language. There is ample evidence of outdated language contained within the 1968 document. Evidence including the claim that marijuana is addictive. Modern research has proven that cannabis creates no chemical addiction or dependency. This discrepancy and others like it have caused issues in more than one state.
A Nevada medical marijuana patient named S. Rowan Wilson filed a lawsuit in 2011 challenging the federal statute against gun ownership. Wilson attempted to purchase a gun and was denied because she has a medical card. Unwilling to give up her 2nd amendment right without a fight, she lawyered up.
Wilson’s case went all the way up to the 9th US Circuit Court of Appeals. Eventually, she lost her fight. Chief District Judge Gloria Navarro was the one who made the final ruling against Wilson. Judge Gloria says that denying the sale of guns to a marijuana patient does not violate the Second Amendment.

States Decide Gun Laws

When it comes to gun purchases, every state is different. Some states require background checks. While other states call in to check a criminal record. If Wilson went to the state of Georgia, she could have easily purchased a gun at a flea market. But that’s not the point. Wilson wanted to buy a gun in her own hometown regardless of her legal marijuana status.
It is strange how unevenly rules are applied across populations. Patients using prescription opioids are allowed to own a gun when opioids are on the list of federally controlled substances. Yet medical marijuana patients are unable to obtain personal protection. And this poses a special threat to patients who also own or operate dispensaries.
People employed in the cannabis field already can’t use banking systems to store money. Having all that cash on hand makes them a target for a whole list of nefarious people. Add to that the knowledge that they can’t legally defend themselves and trouble is almost guaranteed to ensue.

The Gun Show Loophole


According to federal law, all licensed firearm dealers must perform background checks on those seeking a purchase of a gun. But there is an escape clause called the Gun Show Loophole. At gun shows there are unlicensed firearms dealers, and they are not required to perform background checks. About 22% of all firearm sales are done by these unlicensed sellers.
Federally, the government is uninterested in closing the loophole. Federal agents routinely use it to funnel arms and ammunition to drug cartels and kinpins. After the documents regarding the federal Fast and Furious program became public, their reluctance began to make sense to the broader public. Luckily, several states have moved to stop such practices.
11 states have closed the loophole and require background checks at the point of sale. The 11 states are: Colorado, Connecticut, Delaware, District of Columbia, Maryland, Nevada, New York, Oregon, Pennsylvania, Rhodes Island and Washington. Eight other states require a background check and a permit for private purchasers. Those eight states are: Hawaii, Illinois, Iowa, Massachusetts, Michigan, Nebraska, New Jersey and North Carolina.
None of the listed states ban ownership by medical marijuana patients or recreational users. But, possessing a firearm will likely only add fuel to the fire if charged with large-scale cultivation. Especially if the government is looking to make an example of you.

The Bottom Line


When filling out the Firearms Transaction Record during the purchase of a gun, there is a question. A Ninth Circuit Court ruling amended the question about cannabis use. The new language puts patients into a catch-22.
Originally, the text read “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” The new version includes a nifty little addition to clarify that they mean medical patients. It reads; “Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
What this says is that medical users are not allowed to own a gun because they are using a substance that is under the federal control substance list. Marijuana is federally illegal and therefore gun ownership while using it is federally illegal. Alcohol is not federally illegal, just restricted. That is why people shoot themselves every year while drinking and handling guns.

I Want My Attorney

When it comes to buying a gun, it is up to the seller to perform their due diligence by asking whether or not the purchaser is a cannabis user and to perform a background check. If the medical marijuana user says ‘yes’ then technically they must be denied the purchase of a gun. If they say ‘no’ and get caught for lying, they can face felony charges.
When it comes to cooperating with law enforcement, it becomes a tricky situation. According to Morales, a medical marijuana user should never disclose to police if they have drugs or guns in the vehicle. He maintains that they are under no obligation to disclose that information. When confronted with these questions, patients need to say the four magic words ‘I want my attorney’.
Recent evidence of police brutality and blatant corruption in the penal system can make asking for a lawyer scary. Police are not required to be direct, honest or limit their force. they can invade your home, kill your animals, confiscate your property and shoot you dead if they feel threatened. Don’t resist, don’t lie and don’t answer any questions without YOUR lawyer.

Do you have feedback about owning a medical marijuana card and gun ownership? Do you think MMJ patients should own guns? Why or why not? Let us know your thoughts in the comment section below.

Introducing the ACMPR Canada New Cannabis Regulations

Introducing the ACMPR – Canada's New Cannabis Regulations

The ACMPR officially goes into effect today in Canada which makes changes to the old MMPR. What does this mean for the citizens of Canada? Canadian citizens with a medical card now have access to growing their own cannabis. Per every gram prescribed to be used by a medical card holder each day, they are allowed to grow up to five indoor plants or two outdoor plants. This means if the doctor recommended the patient 3 grams per day, they could cultivate 15 plants indoors or 6 outdoors. Plants are not allowed to be grown near child care facilities, schools, playgrounds, or public areas that are frequented by children. It is recommended that all grows be locked and secured as well. Cannabis products that are being cured are to be locked in child-proof containers according to recommendations from Health Canada.

Patients are also able to take on another unique aspect and choose a designated cannabis grower to cultivate their medication. This law is making many people happy because on average, 5 indoor growing hydroponic plants can produce over 50 ounces of herb. This gives medical marijuana patients in Canada a new outlook on growing medicine. They’re also able to augment their supply of cannabis by supplementing orders from online dispensaries throughout Canada such as Weedism or Bud Xpress.

One of the conditions, in order to become a designated grower for someone, is to not have any felony drug convictions on your record in the past 10 years. The list of qualifying conditions to receive cannabis patient status in Canada ranges from PTSD and nausea to vomiting and cancer-related pain.

One of the major problems facing Canadians who are looking to utilize cannabis as an alternative treatment to dangerous and deadly pharmaceutical prescription drugs, is a shortage of medicinal supplies from state licensed vendors. There are said to be 34 licensed cannabis dispensaries across Canada. According to the ACMPR, all starting product must be purchased from one of these licensed facilities in the form of seeds or clones. The problem many patients face is simply running out of medicine which could be detrimental to their regimen.

Patients who suffer from cancer, leukemia, epilepsy, and other dangerous life-threatening illnesses cannot afford to go days or weeks without their medicine. Cannabis truly does work. It’s not like being without pharmaceuticals from the doctor for a week. Medical marijuana patients in Canada are having to turn to the dispensaries, which the government says are operating illegally, in order to receive the medications they so desperately need. The problem is Canada already has countless marijuana dispensaries that are set up and serving the people successfully.

The people have even spoken and it’s very clear that they want dispensaries. The Canadian government, however, has a different plan that includes strict regulations and iPad-like stores. This also brings up the issue of cost eEffectiveness. The low-income population of Canadians across the country falls short of being able to afford access to medical cannabis. This is a group that is making sure this problem gets the necessary attention that it needs to become solved.

Many patients that are working with licensed government facilities have run into the issue of them not having a consistent supply. This has not been an issue with dispensaries. In fact, many times if a patient cannot find their medicine through a licensed entity, they will find it at a dispensary. It is also not uncommon for dispensaries to provide free medical cannabis to patients who can not afford it. This cannot be said about governments anywhere. The new ACMPR is definitely an improvement and a step in the right direction but Canada still has a long ways to go before they truly implement a program that will work well for the people.