Vancouver Leads The Way On
Medical Marijuana;
Compassion Club Attorney Will Encourage Class Action Suits,
If Health Minister Does Not Move Faster.
(Marijuananews note: This is really good. The
movement in Vancouver will force the issue in Canada, which will be impossible for DEAland
to ignore.) March 28, 1999
From The Vancouver Province
provletters@pacpress.southam.ca
http://www.vancouverprovince.com/
By Peter Clough
HEALER WEED
In the U.S. this month, a landmark report commissioned by the White House concluded
that marijuana might be the best medicine available for millions of people with illnesses
such as cancer, glaucoma and multiple sclerosis. Canadas Health Minister Allan Rock
has announced the start of clinical trialsthe first major step toward legalization.
In the meantime, thousands of British Columbians, suffering the pain and nausea of chronic
illness, continue to break the law on a daily basis.
See
Canadian Health
Minister Proposes "Clinical Trials" For Medical Marijuana;
Promises Immediate Access For Some Individuals.
"He doesnt want a restrictive process that would deny access in compassionate
cases."
-- 2 Articles
It is Jackies first smoke of the day. Shes having a hard time keeping it
down.
"It always make me cough," the 61-year-old Surrey woman explains, trying not
to choke. "But I dont need a lot. Just a couple of puffs and thats
usually enough to smooth out my afternoons."
Jackie, dying of cancer, smooths out her afternoons with the contents of several
margarine tubs stored in her salad crisper. Shes rather proud of her stash. Last
summer, with the help of a book on marijuana cultivation, she grew three enormous plants
next to her backyard composter. It was enough, she says, to get her through the winter.
As a devout, non-drinking Christian, Jackie is about the last person youd expect
to see lighting up a joint. Until her diagnosis, she worked as a nurse at the Burnaby
Correctional Centre for Women and used to tell the girls: "What are you smoking that
dirty dope for?"
Jackie is one of thousands of chronically ill British Columbians
who, often with their doctors approval, have overcome deep moral reservations and
started using marijuana as a means of coping with their symptoms.
In her case, the unlikely conversion came after being diagnosed with breast cancer
three years ago.
"I was already at stage five when they found it," she says. "The end of
the road.
"I had chemo and then radiation. Then the nightmares began. The horrors. My life
wasnt worth spit. I just cried all the time."
She decided to end it. "I had sold my car. I had turned my house over to my son.
Then I phoned a friend of mine whos a guard at the prison. I told her that I was
quite suicidal. She said, Jackie, I know youre very straight-laced but would
you try marijuana? I said Id try anything."
Her son made the first purchase. "It came in a little bag
and it cost almost $300! I almost fainted," she says. But it worked.
It dulled the pain. She overcame the mid-afternoon depressions. A couple of puffs
before bedtime and shed sleep like a baby. She gained 50 pounds.
At first, Jackie wanted to speak openly about her marijuana useand even posed for
a picture. But like a lot of conservative users, she is troubled by the legal and moral
repercussions. She asked that we not publish her last name for fear that it would
embarrass her pastor, that it might cost her husband his job, that potheads might break
into her house.
"Ive often thought, what would I do if the police came and arrested
me? " she says. "I mean, they would take me to my own jail. Ive
mentioned this to my oncologist and he just laughs. He says, shame on them if they arrest
a woman with cancer."
It appears that most Canadians agree -- 83 per cent, according to
the last poll on legalizing medicinal marijuana.
See
Gallup Poll Shows 73% Favor
Medical Marijuana;
29% Favor Outright "Legalization"!
So What Are The Politicians Really Afraid Of?
Across B.C., doctors are giving the nod of approval to patients
desperate for relief. Hospital workers turn a blind eye as people suffering from cancer,
AIDS, multiple sclerosis or glaucoma, either smoke on the balcony or consume marijuana
through tea or cookies.
Police are also taking a hands-off approach. On the rare occasion that users and
growers are prosecuted, Canadian judges are now likely to be lenient.
Most encouraging of all, two major developments this month have convinced advocates
that legalization is around the corner.
A study commissioned by the White House Office of National Drug Control Policy, which
has fought tooth and nail against moves by five western states to legalize medicinal
marijuana, surprised everybody by giving the plant a resounding endorsement.
See
Will The Titanic Of
Marijuana Prohibition Be Sunk By The Ice Cube Of The IOM Report?
-- Analysis.
The Institute of Medicine concluded that for many people, marijuana might be one of the
most effective treatments availableand said theres no evidence that it can
lead to harder drugs.
"We uncovered an explosion of new scientific knowledge about how the active
components in marijuana affect the body and . . . how they might be used in a medical
context," says research leader Dr. John Benson.
The Canadian government, struggling to keep up with public opinion, made its own bold
move this month when Health Minister Allan Rock announced the start of clinical trials.
But advocates say Rock is simply side-stepping the issue while he waits to see what
happens in the U.S. They say there is already enough scientific data to support at least a
limited form of legalization and ask why Rock has refused to respond to applications for
compassionate exemptions.
"Im glad that Allan Rock announced the trials, but I think he could do
something quite easily that would provide relief now," says Vancouver East MP Libby
Davies. "If they want to look at issues around strength or purity or whatever
thats fine, but the fact is they could set up some protocols pretty quickly and
allow prescription use based on what we know now."
Abbotsford lawyer John Conroy is putting together a request for
exemptions on behalf of about 500 members of Vancouvers Compassion Club, an
organization that sells marijuana openly to people with a legitimate medical need.
Conroy says that if he does not hear back from the minister within a month,
hell force the issue in federal court. Hes also encouraging medical agencies
to launch class-action suits on the grounds that the chronically ill have a constitutional
right to the exemptions while the clinical trials take place.
See
Plaintiffs In Class
Action File Motion To Reconsider
The Fundamental Constitutional Rights Basis For Case
His argument has some legal support. In a landmark ruling, a Toronto judge said that it
was unconstitutional for the law to interfere with the right of Terry Parker, who suffers
from epilepsy, to receive medication prescribed by his doctorthereby acknowledging
the doctors legal right to prescribe. The judge not only dismissed the possession
charge, but ordered police to give the man his pot plants back.
The B.C. College of Physicians and Surgeons, however, says it is still illegal for
doctors to prescribe marijuana.
At the Compassion Club, http://www.thecompassionclub.org/
Hilary Black reveals a stack of paperwork from B.C. doctors who apparently are ready to
defy the Colleges instructions.
See
Vancouver Compassion
Club Featured In 2 Stories
She says 80 per cent of her members had no difficulty obtaining a doctors
recommendation. Written on prescription pads, the instructions are usually worded as
vaguely as possible. "Any assistance you can provide . . ." and "Treat as
you see fit . . ." is typical of how doctors dodge the legal complication.
Black is looking happy these days. "The Vancouver police are wonderful," she
says, noting that the only time they visit the club now is to investigate break-ins.
More than 700 strong and by far the biggest of its kind in Canada, the Compassion Club
has recently expanded its Commercial Drive premises to include a wellness centre. Members
can choose from a menu of carefully selected strains such as shishkaberry or green
tara"a nice happy X"and then take a session in Thai massage,
lymphatic drainage techniques or nutrition counselling.
She says the police turn a blind eye because theyre satisfied theres no
"dealing out the back door."
The club is supplied by 12 growers who must sign a cultivation contract. It governs
price and growing conditions. It says the growers cannot sell to anyone else and must
agree to visits from Compassion Club inspectors.
The main worry, says Black, is protecting members from moulds. They dont want to
repeat the experience of their San Francisco counterparts who handed out a bad batch of
pot and unwittingly gave 2,000 patients a nasty, though curable, lung infection.
Black recently teamed up with the CBCs David Suzuki to make a documentary about
the medicinal benefits of marijuana. At 23, she is considered the champion of the movement
in this country. She says shes delighted at how the tide has turned in the
legalization debate.
But if Hilary Black no longer has to worry about visits from the police, the same
cannot be said for her suppliers. Two of them are facing charges of cultivation for the
purpose of trafficking.
Bill Small, of Sechelt, was caught growing marijuana in a crawl space at his home. He
finds it ironic that he got busted while supplying the Compassion Club with the cheapest
pot it has ever had. Hes on the board of directors and says his aim was to use his
low price"$5 a gram and good medicine"as leverage to force a general
price reduction.
While awaiting trial, Small will join other Canadian growers who,
along with users, have applied for exemptions from Allan Rock.
The growers are hoping that permits will eventually convert to business licences if and
when medicinal marijuana becomes legal. "As soon as we get those pieces of paper,
well be able to reduce our prices even more," says Small. "Well be
able to grow it in greenhouses, for instance."
Others say legalization will radically alter the way the plants active
ingredients are consumed. The Institute of Medicine study last week proposed the
development of "a non-smoked, rapid-onset delivery system."
Vancouver resident Liz Dunlop says she doesnt really care
what form it takes as long as its effectiveand cheap. Like many medicinal
users, she relies on the generosity of friends to maintain her one-joint-a-day approach to
dealing with severe fibromyalgia.
Her father used marijuana in his last days before dying of cancer. Now, she says, her
mother has started to smoke dope to ease the symptoms of Crohns disease, a chronic
intestinal condition.
"Thats the only thing that really works for her," Dunlop says. "It
takes away the cramping and nausea at night."
She says theres just one serious side-effect for her
momthe stigma.
"Its really been very difficult for her because it adds extra stress,"
says Dunlop. "Shes having a hard time dealing with it.
"What bothers her the most is having to break the law."
Copyright: The Province, Vancouver 1999
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