The Use of Marijuana in for Medical Purposes

On July 30, 2001, the federal government put into effect new regulations that allow more access to marijuana, by far the world's most used illicit narcotic, for 'medicinal' purposes. The health threat to patients, links to organized crime, the gateway to harder drugs that is created by smoking 'pot', and an inevitable weakening on restrictions for recreational use of marijuana and other narcotics present significant reasons for Canadians to be concerned about sanctioning access to marijuana, even for 'medicinal' purposes.

Q. How did we get here?

A. On July 31, 2000, Terrance Parker was successful in gaining support from the Court of Appeal for Ontario to use marijuana to help control his epilepsy. Under Section 56 of the Controlled Drugs and Substances Act (CDSA), the Minister of Health has the authority to allow exemptions for persons deemed to need access to marijuana for medical purposes. There have been over 250 of these exemptions granted to date.

To strengthen the prohibition on recreational use, the Court concluded that Parliament can validly prohibit marijuana where used for non-medical purposes. The issues raised related to the section 56 process: the broad discretion given by the law to the Minister of Health in granting exemptions, the transparency of the process and what determinants constitute medical necessity. The Court found the exemption to be unconstitutional as it allowed patients to possess but not cultivate marijuana thus forcing the user to buy marijuana from illegal street suppliers.

The court struck down the CDSA prohibition on possessing marijuana declaring it unconstitutional and of no force and effect. To give the government time to devise new regulations, the declaration of invalidity was suspended for a year until July 31, 2001. You can visit Health Canada's Office of Cannabis Access Website for more details regarding the regulations here.

Q. Has medical research proven there are health benefits from smoking marijuana?

A. No. In fact, there are many concerns as to the validity of claims that smoking marijuana can have positive medical effects. Health Canada, in July 2001, announced it has invested $235,000 in research being carried out at McGill University to determine exactly what medical benefit can be gained from smoking marijuana. The Community Research Initiative of Toronto has also allocated $840,000 to conduct research on the efficacy of marijuana in the treatment of wasting syndrome for those living with HIV/AIDS.

The active ingredient in marijuana, delta-9-tetrahydrocannabinol, (commonly referred to as THC) does show positive results in some patients. When effective, it can reduce or eliminate nausea and vomiting in patients suffering from terminal illnesses and cause an increase in appetite, particularly for people living with AIDS. Claims have also been made that THC can reduce the incidence of seizures in patients with epilepsy.

Despite these results it is important to note that currently there are no drugs approved in Canada, for therapeutic use, that have to be smoked. In fact, one study published in the New England Journal of Medicine found that marijuana burdens the respiratory system four times more than an equivalent amount of tobacco smoking.[1] Marijuana has not been approved as a therapeutic drug in any country of the world, including the United States where the Food and Drug Administration has repeatedly refused to approve marijuana for medical purposes.

Allowing access to marijuana for medical purposes is not necessary since patients can receive a synthetically created version of THC through prescription drugs such as Marinol. Unlike marijuana which varies wildly in THC content thus making it very difficult to prescribe the correct dsage, Marinol is consistent in quality and strength. Marinol is taken in pill form which allows for the THC to be time-released unlike marijuana which must be smoked.

Q. Who is producing marijuana for patients to use?

A. In December 2000, Prairie Plant Systems Inc. (PPS) of Saskatoon, Saskatchewan was awarded a $5.7 million contract to provide Health Canada with what is purported to be a reliable source of affordable, quality, standardized marijuana to meet medical and research needs in Canada. The plants are being grown underground near Flin Flon, Manitoba, and PPS is required to conduct laboratory testing and quality control of marijuana throughout the product life cycle.

Q. Why is marijuana called a 'gateway' drug?

A. According to the Canadian Centre for Addiction and Mental Health, the use of "harder" illicit drugs, such