Article by David Brown, Lift
On February 24th of this year, a Federal Court issued its ruling in the Allard case, giving the Federal Government until August 24th to either amend the MMPR or create entirely new legislation in its place. The government allowed their chance to appeal to expire after 30 days, so now, barring a last-minute request for an extension, the government has less than 2 months to render the MMPR constitutional, or at least make a best faith effort at trying to do so.
To talk about what these changes might look like, we reached out to the lead attorney in the Allard case, John Conroy. The key point Conroy reiterated several times was that without personal production rights and dispensary access, the court’s order of reasonable access would not be met. Beyond that, Conroy says he can see pharmacies being able to dispense in some form, and expressed very cautious optimism that, after years under the Harper regime, perhaps the government may be responding to the courts in a more productive and cooperative manner.
The minimum, Conroy maintains, is a reinstatement of the MMAR provisions that allowed those with authorization to use medical cannabis to grow their own or assign a caregiver to grow for them. He also says he could see pharmacies being allowed, and dispensaries possibly being able to work with pharmacies, as well as dispensaries being supplied by Licensed Producers and others under a revised regulatory regime. Conroy also says he believes a set plant limit would be unconstitutional and subject to legal challenge.