Canada’s ban on marijuana was effectively upheld Friday when Ontario’s top court struck down the country’s laws related to medicinal pot much to the chagrin of activist groups.
In overturning a lower court ruling, the Court of Appeal ruled the trial judge had made numerous errors in striking down the country’s medical pot laws.
Among other things, the Appeal Court found the judge was wrong to interpret an earlier ruling as creating a constitutional right to use medical marijuana.
“Given that marijuana can medically benefit some individuals, a blanket criminal prohibition on its use is unconstitutional,” the Appeal Court said.
“(However), this court did not hold that serious illness gives rise to an automatic right to use marijuana.”
Currently, doctors are allowed to exempt patients from the ban on marijuana, but many physicians have refused to prescribe the drug on the grounds its benefits are not scientifically proven.
The Canadian HIV/AIDS Legal Network called the decision a disappointing missed opportunity.
Source: The Canadian Press – Friday, February 1 2013