Marijuana has been used as a source of medicine for centuries - a common medicinal plant for the ancients. Even as technology became part of how we live, it was considered a viable treatment for many ailments. However, in 1923, the Canadian government banned marijuana. Although marijuana cigarettes were seized in 1932, nine years after the law passed, it took fourteen years for the first charge for marijuana possession to be laid against an individual. The Releaf Center
In
1961, the United Nations signed an international treaty known as the Single
Convention on Narcotic Drugs, which introduced the four Schedules of controlled
substances. Marijuana officially became an internationally controlled drug,
classified as a schedule IV (most restrictive). Marijuana
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Also
included in the treaty is a requirement for the member nations to establish
government agencies in order to control cultivation. As well, the requirements
include criminalization of all processes of a scheduled drug, including
cultivation, production, preparation, possession, sale, delivery, exportation,
etc. Canada signed the treaty with Health Canada as its government agency. Recreational
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Due
to its medical applications, many have tried to get marijuana removed from the
schedule IV classification or from the schedules all together. However, because
cannabis was specifically mentioned in the 1961 Convention, modification would
need a majority vote from the Commissions' members. Best
Marijuana Dispensary
Canada's Changing Medicinal Marijuana Laws
The
wording of the Convention seems clear; nations who sign the treaty must treat
marijuana as a Schedule IV drug with the appropriate punishment. However,
several articles of the treaty include provisions for the medical and
scientific use of controlled substances. In 1998, Cannabis Control Policy: A
Discussion Paper was made public. Written in 1979 by the Department of National
Health and Welfare, Cannabis Control Policy summarized Canada's obligations: Cannabis
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"In
summary, there is considerable constructive latitude in those provisions of the
international drug conventions which obligate Canada to make certain forms of
cannabis-related conduct punishable offences. It is submitted that these
obligations relate only to behaviours associated with illicit trafficking, and
that even if Canada should elect to continue criminalizing consumption-oriented
conduct, it is not required to convict or punish persons who have committed
these offences. Cannabis
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The
obligation to limit the possession of cannabis products exclusively to legally
authorized medical and scientific purposes refers to administrative and
distribution controls, and although it may require the confiscation of cannabis
possessed without authorization, it does not bind Canada to criminally penalize
such possession." Marijuana
Scientific
study continued on the medicinal uses of marijuana. In August 1997, the
Institute of Medicine began a review to asses the scientific evidence of
marijuana and cannabinoids. Released in 1999, the report states:
"The
accumulated data indicate a potential therapeutic value for cannabinoid drugs,
particularly for symptoms such as pain relief, control of nausea and vomiting,
and appetite stimulation. The therapeutic effects of cannabinoids are best
established for THC, which is generally one of the two most abundant of the
cannabinoids in marijuana."
Also
in 1999, Health Canada created the Medical Marijuana Research Program (MMRP);
slowly, Canada's laws for medicinal marijuana began to change.
-April
1999 survey shows 78% percent support the medicinal use of the plant.
-May
10th - judge grants AIDS patient Jim Wakeford an interim constitutional
exemption for possession and cultivation
-May
25th - House of Commons passes amended medicinal marijuana motion: "the
government should takes steps immediately concerning the possible legal medical
use of marijuana including... clinical trials, appropriate guidelines for
medical use, as well as access to a safe medicinal supply..."
-June
9th - Minister of Health announces clinical trials program; individuals who
successfully apply to Health Canada are exempt from criminal prosecution
-October
6th - 14 more individuals receive special exemptions to use marijuana for
medicinal purposes.
-September
2000 - Federal Minister of Health announces government will be growing
medicinal marijuana and federal regulations will be made into law
-January
2001 - Ontario court declares the law banning cultivation of medicinal
marijuana is unconstitutional
-April
2001 - Health Canada announces proposed regulation for tightly regulated access
to medicinal marijuana
-August
2001 - Health Canada MMAR (Marijuana Medical Access Regulations) go into
affect; Canada becomes the first country allowing legal possession of medicinal
marijuana
Since
2001, there has been a steady uphill climb for sufferers of many chronic and
terminal diseases. A year after marijuana became legal for medical use, the
Canadian Senate began pushing for MMAR reform. Others pushed for ways to
legally obtain marijuana without having to grow it themselves; many sufferers,
such as those with MS, were unable to grow the plant due to poor health.
In
2003, the Ontario Court of Appeal began to force changes to the MMAR. One of
these changes included providing reasonable access through sanctioned providers
of a legal marijuana supply.
Over
the last seven years, scientists have delved deeper into the potential of
medicinal marijuana for use in treating illnesses. In some cases, cannabinoids
have shown the potential of being able to help cure a few diseases, which had
been thought to be incurable. At the time of this writing, medicinal marijuana
and the cannabinoids it contains has been used in research for many diseases,
including cancer, multiple sclerosis, rheumatoid arthritis and Crohn's disease,
among others.
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