BPF Submission to Heath Canada on MMAR Changes

SUBMISSION OF THE BEYOND PROHIBITION FOUNDATION IN RESPONSE TO PROPOSED IMPROVEMENTS TO HEALTH CANADA’S MARIHUANA MEDICAL ACCESS PROGRAM

INTRODUCTION

The Beyond Prohibition Foundation was established in 2010 to advocate for the repeal of cannabis prohibition and its replacement with a system of regulated production and distribution.  It operates the website www.whyprohibition.ca, Canada's largest dedicated drug policy reform website and host to more than 30,000 members.  The Foundation's mission includes advocacy on behalf of safe access to medicinal cannabis and cannabis byproducts for those obtaining therapeutic and medicinal benefit.

This submission responds to Health Canada's consultation document titled "Proposed Improvements to Health Canada's Marihuana Medical Access Program" (the "Consultation Document").  In the Consultation Document, Health Canada foreshadows significant changes to Canada's medical cannabis policies.  The Foundation welcomes Health Canada's tacit acknowledgement that the current Marihuana Medical Access Regulation (MMAR) system is deeply flawed and in need of significant reform.  That reform is necessary in two primary areas:  (1) the need to improve access to the legal protections afforded by the legislative and regulatory scheme; and (2) the need to provide consumers with safe access to an effective supply of medicinal cannabis and cannabis byproducts.  This submission lays out the Foundation's view of the proposed changes and offers suggestions for making necessary improvements to the federal program.
Unknown Object Read more »

Form letter: Regarding Proposed Restrictions to Health Canada's Medical Marijuana Program

Sign the petition and make your voice heard at Health Canada!

I am deeply concerned about the response by Health Canada to the various court decisions declaring its existing medical marijuana program unconstitutional. The proposals that have been brought forward fail to deal with the myriad of problems in the program. Specifically, I take issue with the following proposals:

Physician as “Gatekeeper”:
R v Mernagh found that physicians in Canada have effectively boycotted the existing medical marijuana program, and therefore the program itself was unconstitutional. Health Canada's response does nothing to address this boycott beyond the promise of making information accessible to physicians. Any changes to the Health Canada medical marijuana program must abide by the findings in R v Mernagh and meaningfully expand the “Gatekeeper” role beyond physicians, preferably to include Naturopaths, Nurse Practitioners, Doctors of Traditional Chinese Medicine and Pharmacists.

Personal and Designated Production:
Individuals have spent thousands of dollars and often years of time setting up production facilities and finding appropriate marijuana cultivars (strains) for their condition. Court cases including Sfetkopolous, Beren and Hitzig have found that denying production licenses on arbitrary grounds violates a patient's constitutional rights to access medical marijuana. Read more »

Download almost 1000 Peer Reviewed Research Articles and Reports on Drug Policy Reform and More!

 
This comprehensive (and amazing) collection of references includes the following categories of papers:
 
Alcohol harm reduction
Cannabis
Drug Education / prevention
Drug policy documents - the need for change
Drug policy history
Economic issues
Entheogens and psychedelics
Health and social consequences of drug prohibition
Incarceration
Needle Exchange
Policing and drug law enforcement
Positive or non problematic relationships with drugs
Post prohibition options
PowerPoint presentations
Ranking of drug harms
Science is trumped by ideology
Sex trade work
Supervised injection facilities
United Nations and human rights
Violence and drugs
 
The download time is approx 10 minutes and the file you receive will need to be unzipped. Read more »

Get Involved! Help Defeat Prohibition

We need to get a lot of work done to legalize marijuana, here's some ways to help!
 
Get active helping build activism in Canada!
 
May 5, 2012 is the Global Marijuana March, and of course there is always 4/20 (April 20) and Cannabis Day, July 1. We need organizers working across Canada on these and other events.
 
Send that link out over Facebook and Twitter, encourage your friends to sign up! WhyProhibition.ca will is the basis for a number of important campaigns, including a new BC referendum to legalize Marijuana. We need people to register so they can find out about upcoming protests, rallies, and laws.
 
We need bloggers, researchers, newshawks, and activists to get posting! You can use the userblogs section to post blogs, news, upload files (especially pamphlets, we're looking to host as many drug policy pamphlets as we can find!)
 
One of the most important things you can do is get involved in your local community. Join other activist groups, volunteer at soup kitchens, march in local parades. When we get involved, not only do we reach out to potential allies, but we also represent the best of our community to people who may be unfamiliar with it. If you're unsure about a group, attend some meetings and see if they're amenable to drug policy reform.
 

Bill Siksay (NDP) talks about the failure of Prohibition in Parliament!

video: 

US Repeals Drug laws we Favour

Toronto Star:

'Tough On Crime' Mandatory Jail Terms Being Ditched As Canadians Try Them Out

New York State is largely repealing the infamous drug laws that served as ground zero for a prison-sentencing craze that swept North America and is now discredited.

Governor David Paterson announced a deal with state legislators yesterday to remove many of the "mandatory minimum" sentences imposed for low-level drug crimes by the 1970s-era legislation, known as the Rockefeller drug laws.

After 35 years of stuffing prisons with minor drug felons, state legislators have judged the law's mandatory sentencing provisions as expensive and ineffective.

It's part of a reassessment of "tough on crime and sentencing" laws taking place across the United States, which has the highest incarceration rate in the developed world. Canada, ironically, is bucking that trend. Read more »

Senator Jim Webb (D-Va) National Criminal Justice Commission Act of 2009

In an interview with the Huffington Post, Webb said that everything should be considered. And he means everything.

"I think everything should be on the table, and we specifically say that we want recommendations on how to deal with drug policy in our country. And we'll get it to the people who have the credibility and the expertise and see what they come up with," said Webb.

What about legalizing, taxing and regulating marijuana?

Webb paused. "I think they should do a very careful examination of all aspects of drug policy. I've done a couple of very extensive hearings on this, so we'll wait to see what they say about that," he said.

SUMMARY

The National Criminal Justice Commission Act of 2009, introduced by
Senator Jim Webb on
March 26, 2009, will create a blue-ribbon commission charged with
undertaking an 18-month, top-
to-bottom review of our entire criminal justice system. Its task
will be to propose concrete, wide- Read more »

Jesse Jackson slams tough action on cannabis users

TOUGH action against cannabis users is ineffective and is targeted only at poorer communities, American civil rights campaigner the Rev Jesse Jackson told MPs yesterday.

Dr Jackson said the authorities did not dare raid university campuses because of the backlash from rich parents whose children could be caught using drugs.

Yet poorer neighbourhoods were targeted by police, he told the Commons home affairs select committee on knife and gun crime and drugs.

Asked if he believed UK anti-drugs policy would be more effective if forces turned their attention to campuses, he said: “You can either begin to raid campuses – you go up on a couple of high-profile universities in Britain and you do a drugs raid you will get a huge reaction from people of power whose children are going to be damaged by that process.

“Or you can let the same laws apply to those on the ghetto corners, have the same relaxed notion. At least give the others the same playing field.” Read more »

Why we must fix our prisons by US Senator Jim Webb (D)

America's criminal justice system has deteriorated to the point that it is a national disgrace.

Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous.

We are wasting billions of dollars and diminishing millions of lives.

We need to fix the system.

Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. Twenty-five years ago, I went to Japan on assignment for PARADE to write a story on that country's prison system. Read more »

Joint Resolution: Taxing pot just makes cents

Boston Herald:

It's time to legalize marijuana, tax it to death, then let struggling Joe Citizen - instead of Joe Dope Dealer - reap the pot profits.

The most popular question at President Obama's town hall meeting Thursday? Whether legalizing marijuana would help the economy and create jobs. You know: Pottery Barn goes Pottery Bong.

Now the pot posse may have stacked the e-mail deck. Still Obama, who once wanted to decriminalize pot, laughed off the inquiries. "I don't know what this says about the online audience," he quipped, then did his post-election about-face. "No, I don't think this would be a good strategy." Read more »

In Drug War, Mexico fights Cartels and Itself

New York Times:

REYNOSA, Mexico - An army convoy on the hunt for traffickers rolled out of its base recently in this border town under the control of the Gulf Cartel - and an ominous voice crackled over a two-way radio frequency to announce just that. The voice, belonging to a cartel spy, then broadcast the soldiers' route through the city, turn by turn, using the same military language as the soldiers.

"They're following us," Col. Juan Jose Gomez, who was monitoring the transmission from the front seat of an olive-green pickup truck, said with a shrug.

The presence of the informers, some of them former soldiers, highlights a central paradox in Mexico's ambitious and bloody assault on the drug cartels that have ravaged the country. The nation has begun a war, but it cannot fully rely on the very institutions - the police, customs, the courts, the prisons, even the relatively clean army - most needed to carry it out. Read more »

Bill Maher Rips Obama Over Pot Legalization

Bill Maher criticized Obama over his policies on marijuana legalization this week on HBO's Real Time. Salman Rushdie, Christopher Hitchens and Mos Def discuss the President's recent comments making fun of Americans who favor legalization.

video: 

Marijuana issue suddenly smoking hot

by Jeremy D. Mayer, Politico

Smoking pot doesn’t cause schizophrenia, but marijuana as an issue sure gives our political system the symptoms. We have just elected our third president in a row who at least tried marijuana in early adulthood, yet it remains illegal.

As we discovered again this week, President Obama, like his two predecessors, supports imprisoning people for making the same choices he made.

Beyond imprisonment, one of my policy students, who was honest on a security clearance about her one time use of pot, could lose her job for doing what Clinton, Bush and Obama did. Read more »

Hey Obama, those potheads have a point

March 27, 2:26 PM

Jane Roh

Philadelphia News Examiner

It's a little depressing that the top question asked of President Obama during yesterday's virtual town hall had to do with legalizing marijuana. Obama gamely answered it, though, first by poking fun at the questioners ("I don’t know what this says about the online audience") and then saying he didn't think legalization was a good way to help the economy.

Twitterers were upset, though, according to the Christian Science Monitor. (Pretty sure I know what that says about Twitterers.) Responses ran along the vein of this one, from @frekur: "Honestly? Obama is disappointing … me right now. Made a joke out of marijuana, and dismissed entirely universal healthcare."

Make fun of tokers all you want -- I frequently do -- but there's a serious point to be made here. Read more »