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Dispensary Challenges Federal Medical Cannabis Rules | Tousaw Law Corporation
Download Statement of Claim (PDF) A Toronto-based not-for-profit medical cannabis dispensary has filed a lawsuit in Federal Court challenging Canada’s current medical cannabis access rules. The lawsuit alleges that the federal government is violating the Canadian Charter of Rights and Freedoms by unreasonably restricting patient access to medical cannabis (marijuana). The lawsuit argues that the federal government’s system (called the ACMPR) does not provide critically and chronically ill Canadians with “reasonable access” to medical cannabis and medical cannabis derivative products. The ACMPR came into effect in August 2016 because of a Federal Court of Canada decision finding that the former regulations (the MMPR) were constitutionally invalid and violated the Charter. Justice Phelan of the Federal Court declared in Allard v Canada that the MMPR was invalid. His ruling touched on storefront medical cannabis outlets, stating that dispensaries were at the “heart of access” for patients. The ACMPR was the federal government’s response. According to the allegations in the lawsuit, however, the ACMPR failed to include dispensary access and continues to pose unreasonable obstacles to patients obtaining medicine. The ACMPR only allows for limited access by way of either growing it for oneself, having a designated person grow it for the …