Federal Court Quashes New Medical Marihuana Regulations

The state of flux and uncertainty surrounding medical marihuana production and distribution continues with yesterday’s decision of the Federal Court of Canada in Allard v. The Queen, a decision that will not sit well with local governments opposed to medical marihuana production within residences. Mr. Justice Phelan found that the Marihuana for Medical Purposes Regulations (MMPR) unjustifiably infringed the medical marihuana users’ liberty and security rights under section 7 of the Charter of Rights and Freedoms. The Court ordered that in six months, the MMPR would be declared of no force and effect, giving Health Canada some time to formulate replacement regulations.

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