A B.C. Federal Court judge has ruled medical marijuana patients have the right to grow their own cannabis.
The challenge was launched by four residents who’d argued the 2013 Marijuana for Medical Purposes legislation violated their charter rights.
Judge Michael Phelan struck down the legislation that prevents patients from growing plants and required them to buy them from licenced producers.
However, he’s suspending the decision to strike down the law for six months, so as to allow the Trudeau government time to come up with a new medical marijuana regime.
In his ruling, the judge says patients have demonstrated that marijuana can be produced safely with limited risk to public safety and consistent with the promotion of public health.
Judge Phelan also extended the injunction that allowed those with licences to grow their own marijuana to continue until a further court order.