Cannabis Digest Issue 44

Dr. McKinney P.9

Extract Trial Center

Patient Injunction P. 3

Issue Number 44

www.CannabisDigest.ca

Cannabis Digest • Spring 2015

ISSUE # 44 SPRING 2015

CREDITS Publisher

Ted Smith <hempo101@gmail.com>

CONTENTS

Editor-in-Chief

Judith Stamps <editor@hempology.ca>

Graphics Editor

Gardens Vs Factories.............................P.03

Web Editor

Editors Note.............................................P.05

Distribution/Ads

Publishers Note.......................................P.06

Owen Smith <rainbowensmyth@gmail.com> Dieter MacPherson <dietermacpherson@gmail.com>

Jim Mooney <cannabis.digest.advertising@gmail.com>

Contributors

Gayle Quin Owen Smith Ted Smith Judith Stamps John Percy Dean Schwind Kyla Williams Dieter Macpherson Debbie Stultz-Giffin (MUMM) Mark Lehtimaki Georgia Toons

Cover by Mark Lehtimaki For editorial questions, letters, or information on submitting: <editor@hempology.ca>

Vancouver’s Green Rush........................P.07 Dr. Neil McKinney....................................P.09 Kyla Williams Quest................................P.11 Her Majesty the Queen.......................P.13 Extracts Trial Hits Ottawa...............CENTER How NOT to have a Public Debate.........P.17 The Cold Eastern Front...........................P.19 Updates, Warnings & Suggestions.........P.22 Pot and Green Politics............................P.23 The Herb of Life - Chapter 2....................P.25 Teaching Cannabis Medicine.................P.27 Crossword / Comics.................................P.29

826 Johnson Street V8W 1N3 Phone: 250-381-4220 www.hempology.ca www.cannabisdigest.ca

The Cannabis Digest will not be held responsible for claims made within the pages of the newspaper, nor those made by advertisers. We do not suggest or condone illegal activities, and urge readers to research their country’s laws, and/ or talk to their doctors, before engaging in any activities that could be deemed as illegal or dangerous to one’s health.

Issue Number 44

www.CannabisDigest.ca

VS

Factories

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Patients Fight To Keep Control Of Their Health, Plants and Cookies numbness, pain and memory problems. His 25 gram a day license has been able to provide him with all of the medicine he needs, giving him a quality of life he would not have if he was forced to purchase all of his cannabis.

Ted Smith

As the other plaintiffs told their story to judge Michael Manson it became clear that only those with a high income

we will see great improvements in their lives and a substantial drop in prices, without threatening the emerging LP market. Under the old Medical Marijuana Access Regulations patients could obtain a license to grow or find a Designated Grower to produce for them.

Being able to grow all of the medicine they need has given many patients their lives back, dramatically improving their

“My doctors told me I’d never walk again, never talk again.

Marijuana is the difference maker,” Davey said.

F

or the first time ever, a judge has heard arguments in the Federal Court of Canada between patients and the government on whether corporations should be the only legal growers of cannabis for medical purposes. In many ways, the future of cannabis is at stake here. Though closing arguments have not been heard yet, it seems as though the evidence on behalf of the patients was solid and the crown did a poor job, but it could be some time before there is a final outcome in the battle.

While there is a larger coalition supporting the case, it revolves around four patients and a number of expert witnesses.

Patients do not need to prove that cannabis is good medicine, they need to convince the judge that the new program cannot meet their medical needs because it is too expensive.

Thrown into the mix is the argument that extracts should be legal for patients, since most that grow their own medicine make hash, honey oil, tea, butter or other kinds of extracts.

(image by Mark Lehtimaki)

bracket or those who needed a small amount of herb would be able to afford purchasing all of their medicine they require under the new Marijuana for Medical Purposes Regulations At just $5 per gram, which is far less than most of the cannabis available for sale currently

by LPs, it would cost Dr Davey $4,000 per month to maintain his supply. This compared to approximately $1 to $4 that it costs to grow his own cannabis.

quality of life and in some cases likely living much longer.

gram, forcing patients unable to produce their medicine to use these large companies.

Health Canada has tried to argue the program has gotten out of control, though they were the ones who created the program in the first place. When the Ontario Court of Appeal handed down their decision in the Parker case in 2000, they sent a loud message to the federal government that patients should be given the legal ability to obtain cannabis for medical purposes but they could not give clear direction on how those regulations would work.

It should be no surprise to the government that over 37,000 patients signed up to the program before it was closed, with tens, if not hundreds, of thousands more ready to follow. In reality, the government should be surprised that more people have not found their way into the program.

The government complained the program costs about $20 million per year but they were not even trying to recover costs by charging for a licence. Seriously, what other licence does the federal government issue for free? Shutting down the MMAR is estimated to save the government 90% of their costs, but if they allowed provinces to manage the participants, as they do with almost every other healthcare program, then it would cost them even less.

It is uncertain if DGs will receive court protection under the new system. For patients gradually losing their ability to maintain their garden, having a caregiver look after the plants and produce medicines with them is absolutely necessary. However, judges are often known to try to make their decisions find a middle-ground, One has to wonder what they and there are fears DGs will be are spending their money on.

If the government wins and struck out of the future pro- It is certainly not inspectors. gets court approval to throw patients caught violating the regulations in jail, while giving a handful of large companies licenses to grow cannabis, then 1. Silence—You can refuse to talk to the police or answer their questions. we could see a period of continYou must give your name, birthdate, and address, or show them your ID. ued chaos and fighting. Many You DO NOT have to say anything else. patients will continue to grow 2. You can say NO if police ask to search any of your things. or use illegal sources like dis3. You can leave unless you are being arrested or detained pensaries and there will be con4. You have the right to know why you are being detained, and to speak stant tension between patients and Licensed Producers under privately to a lawyer—even if you can’t pay. the MMPR. 5. You can only be strip-searched in private, and only by someone of the

The four plaintiffs involved in the legal challenge are Neil Allard, Tanya Beemish, David Hebert and Shawn Davey.

“My doctors told me I’d never walk again, never talk again.

Marijuana is the difference maker,” claims Mr. Davey. After spending three months in a If the patients win and they coma from a car crash in 2000, are allowed to continue growhe has struggled with vertigo, ing their own medicine, then

KNOW YOUR RIGHTS

same sex.

6. You have the right to know the officers’ badge numbers.

7. You can report an officer who abuses me, swears at me, or violates your rights Example of what to say if you are being detained:

“Officer, if I am under arrest or being detained, please tell me so...If I am free to go, please tell me so. If I am not free to go, please tell me why...I wish to exercise all my leagal rights, including my right to silence and my right to speak to a lawyer, before I say anything to you. I do not consent to be searched. I wish to be released without delay...Please do not ask me questions, because I will not willingly talk to you until I speak to a lawyer...Thank you for respecting my rights.” *Every situation is different. Use courtesy, and common sense.

Legal Aid BC: 1-866-577-2525 Check out Pivot Legal Society for more info < www.pivotlegal.org>

Cannabis Digest • Spring 2015 Health Canada only had 15 inspectors for the entire country, one for every 2,000 growers, who were really only trained to count plants. They were not trained to look for mold, check electrical wiring or otherwise help ensure the facility is safe and clean. In total, by the end of 2013 they had 3.2 million plants across the country to keep track of, more than 2 million in B.C. It was such a low priority for Health Canada that in 2010 they only conducted 75 inspections.

years ago, Holmquist claimed that since criminal organizations are commonly known to make a substantial amount of profit from cannabis, therefore patients should not be trusted to grow their own medicine or they will be pressured into diverting the herb.

exist for patients ‘protected’ by the injunction, including the limit of 150 grams when away from home and the fact that Health Canada will not move a patient’s garden. When the injunction was granted , judge Manson limited it to those “with valid ATPs on March 21,

“My doctors told me I’d never walk again, never talk again. Marijuana is the difference maker,” Davey said.

This testimony was followed by that of Surrey Fire Chief Len Garis, who claims that more than half his city’s illegal and licensed operations posed a “high or extreme” electrical risk, and about a quarter of both illicit and licensed operations had observable mould. It seems many patients made illegal modifications to their homes, 98 per cent,according to Chief Garis’s who based his numbers on 1,800 inspections by a joint municipal-RCMP team over the last decade.

One of the main reasons Health Canada has claimed it is necessary to shut down the MMAR is because the public is at risk of many problems that stem from patient gardens. Fire, diversion of product, mold, smell, theft and being located near facilities that catered to children have been cited constantly by Health Canada officials, fire and police departments, the media and crown lawyers alike as reasons why cannabis grown at home puts others at unnecessary risk. There were no other His statements, though, were reasons given for repealing the countered by defense expert MMAR. It certainly was not witness Tim Moen, acting batdone for the benefit of patients. talion chief with the fire department in Fort McMurray, Yet the government’s so- Alta. He pointed out several called expert witnesses did problems with the statistics and not provide any physical evi- theories Chief Garis was using. dence to the judge to back up Relying upon his own experitheir claims. RCMP Corpo- ence as fire chief and a mediral Shane Holmquist, a super- cal cannabis grower, fire chief visor on the Federal Serious Moen countered every claim Organized Crime Section’s made by fire chief Garis. marijuana enforcement team, admitted in cross examination Other expert witnesses apthat there was no data to back peared for both the defense and up their claims that MMAR li- crown over the three week trial cenced gardens were inherently which started in late Feb. Closdangerous to producers and ing arguments were set for early magnets for violent thieves and May. organized criminals. Quoting from documents produced 10 Meanwhile, several problems

2014 and PPL’s on September 30, 2013, thereby precluding the Plaintiffs Beemish and Hebert, and others similarly situated, from continuing to produce for themselves and being able to change their production sites.”, states lead defense attorney John Conroy. “The change of production site issue continues to be a major additional factor in the case, that we are trying to solve either on the further appeal or in the decision of the trial judge.”

While a decision is expected

from judge Manson sometime in the fall, there is little doubt the loser will appeal to the federal Court of Appeal, as both sides are firmly entrenched in their position. The patients seem prepared to fight all the way to the Supreme Court of Canada, if necessary. No doubt the federal government, as long as the Conservatives rule the roost, will continue to do everything possible to restrict and curb the use of cannabis, medical or otherwise.

One day it will seem quite silly to think our society has spent so much time and energy fighting about the ability to grow a simple plant in your home or garden. For now, though, we must continue that fight, absurd as it is that we must argue for the right to look after ourselves.

Issue Number 44

www.CannabisDigest.ca

The Gayle Quin Chronicles is not every day you get to hear a Supreme Court of Canada judge tell a prosecutor to stop wasting their time. Ted is writing a feature article full of quotes for those who did not get to watch.

It is also on CPAC, our forums and all over facebook.

Gayle Quin

appy spring everyone.

H It sure is great to be here still.

Thank you so much to all of you amazing people who have been sending me love, medicine, food, company and healing thoughts and energy.

What a year so far! A very special thank you to all of the club members for helping make history happen. Yup, I am talking about the R. vs Smith court case.

That was the most exciting thing I have watched in a long time. It

The times have been so exciting. I crashed for a week after Ted got back from Ottawa, and have been doing little but eating and sleeping since.

On that note, I cannot believe how much cannabis I can eat and still be awake. I take hash (dry sift trichomes), then decarboxylate it in the oven at 325 for 30 minutes and then add just enough cannoil to make it flow in capsules. I have actually become sensitive to the taste of cannabis and cannot have it cooked in my food anymore!

Anxious we are as we await the impending decision! So please keep thinking positively about this case; the judges are writing their decisions as you read this paper. Help it be free and legal. It seems so many have their eye on the money these days it is hard to see the seeds of hope.

Yet I have watched the world Eating so much cannabis capwake up lately; I keep faith in us, sules was actually making me and remain ever hopeful, as it is feel nausea, so I eat pepper in alsimply fantastic to be alive! most every meal and it helps my tummy feel better. People with To be sure, I never thought kidney troubles should use green I would be on the front page cayenne pepper. of a magazine, let alone three!

Thanks to Skunk magazine Many friends have sent extractand John Vergados for his vi- ed oils, butters, shatters, hash, sion, hard work and just for be- creams, salves, water resin and ing himself. John is one of the raw herb. I cry and say thank you special people who makes me a lot these days. I have so much keep trying to be a more caring to be grateful for. I have been person. And thanks to my love, mixing wax in with my massage Ted, for the writing. I have not oils, which has helped provide read it yet, so that is all I will say relief from pain and spasms. I for now. also take small, rice-sized pieces of shatter, flatten it out and stick

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it to the gums in my mouth. If I get a corner I stick it on a tooth, as it will stay there longer so it can be sublingually absorbed in the mucous membranes as homeopathic remedies are.

A cannapatch helps give me long-lasting relief, too, which is great because it is using medicine that would otherwise get thrown out in the compost. I put a small bit of water resin in my foot soak, as I cannot get into the bath yet. But I do get into the shower two times a week now!

Suppositories also make a big difference in helping me get uninterrupted sleep. Sometimes I sleep too well and wake up sore from not turning enough. This morning I woke up without excruciating pain in my back, and I think, though I am not sure, that my boob is getting round again!!

Could I really be putting weight back on? I believe so!

Thank you everyone.

Especially Ted, without whom I would be in an institution of one type or another.

Thank you all.

EDITORS NOTE: Ruminations From the Editor peatedly into peaceful dispensaries, seizing and keeping cannabis and hard earned cash.

The books win prizes; the films win Oscars. North Americans begin to grasp the magnitude of The Seventy Years War.

Judith Stamps

H

ere is one of my favourite fantasies. It is some time in the future. The war on drugs is defunct, and cannabis is legal. We are in the midst of a cultural renaissance. The film industry is on fire, producing new ‘post prohibition movies’ every year. Literary fiction on cannabis explodes.

The new books become favourite choices for clubs; Oprah endorses one. They bear no resemblance to the stories of old, populated by moronic stoners.

North Americans are seeing and reading dramas that show the DEA for what it was: officers repelling from helicopters on front lawns in the middle of the night; smashing down doors; lobbing flash-bang grenades; shooting dogs; forcing men, women, and shrieking children facedown onto floors; holding guns to their heads.

They see films and read about RCMP officers marching re-

cannabis-historical path imaginable. Social theorists and friends of literary criticism give us new sets of ideas: canna-centrism, incannabinated dialogue, meta-prohibition, botanical romanticism. There are exams, and everyone is exThere are new ‘war on drugs’ pected to know the facts. museums; the Canadian ones funded by the feds; American Politicians and other pubones, by philanthropists. The lic figures rush forward, each museums show documentary claiming to have been suspifilms and IMAX productions, cious of the war on drugs all depicting fields of waving along. All claim to have enweed, and mega close-ups of joyed cannabis when they were trichomes. The museums have younger. Law enforcement ofdocents, and welcome groups ficers say they never personally of school children, out of town endorsed the war. Shopkeepvisitors, and locals. There are ers decorate windows with imworld-class, travelling displays too. There is a special museum of ‘war on drug’ atrocities that features Bearcats, riot gear, automatic weapons, and drones.

Visitors are given pamphlets that describe the warped mythology that supported the use of these weapons.

High Schools, Colleges and Universities rush to put out history texts. Graduate students scramble for cannabis related topics; economists do cost-benefit analyses; political scientists deconstruct drug policy; psychologists analyze canna-phobias; socio-linguists study cannabis jargon; and historians stomp down every

ages of cannabis leaves, and Canna-Christmas trees are becoming popular, as they can be consumed after the holiday.

Goofy enough for you? Well… if you’re reading this journal, you are reading one of Ted Smith’s fantasies—one that he made real. Fantasies are intangible but they are crucial to our wellbeing and to our future. If we indulge them long enough, they start to manifest. Enjoy your time with this spring edition of the Digest, and write us about your fantasies. If we get a collection, I’ll write them up.

Editor@Hempology.ca

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Cannabis Digest â&#x20AC;˘ Spring 2015

PUBLISHERS NOTE: Highly Exciting Times helping sick people use cannabis cookies and creams. It is absurd that our government would prohibit the use of cannabis extracts while allowing patients to grow their own medicine, thus telling the public that smoking is somehow safer and easier.

Owen was not just making cookies for his friends; he was working for the oldest medical cannabis dispensary in the world. Under my leadership, the Victoria Cannabis Buyers Club has strived to provide high-quality, low cost edible and topical cannabis products to Ted Smith people with proof that they suffer from a chronic physical disease or disability. These charges hen Owen Smith was ar- struck at the very heart of our rested for baking cook- organization. ies over 5 years ago, there was no doubt in my mind that hisOwen is one of the most tory was being made. Since that humble, meek, gentle souls that fateful day, when he walked out I have had the pleasure of meetof the apartment with no hand- ing. Far from seeking fame cuffs and his head held high, and fortune, he prefers buildOwen has been a modern hero. ing gardens for food to seeking At the press conference the next the spotlight. Owen watched day, the local media caught our his sister benefit from cannabis excitement, and seized the op- extracts before she passed away, portunity to challenge these ar- and this has made him deeply chaic laws. committed to helping others.

Throughout this ordeal he has History is made when the right remained calm, steady, a guiding combination of circumstances, light in a sea of madness. individuals and politics spark the public interest and change Attorney Kirk Tousaw has the direction our society is mov- likewise been heroic in his efing. Owenâ&#x20AC;&#x2122;s arrest was definitely forts. With a passion for the one of those occasions, though plant rarely displayed by a lawthe story is not over yet. While yer, Kirk skillfully tore apart many still doubt this case will the governmentâ&#x20AC;&#x2122;s witnesses and make a significant difference in theories. He carefully extracted how cannabis is used as a medi- evidence from our expert witcine and how the public views nesses, Dr David Pate and the this plant, there is no question patients. At every level of court, in my mind. This trial changes he spoke with the confidence much more than people realize. and clarity one would only dream of in legal representation Though the circumstances at on these issues. first were nothing extraordinary, the evolving court proceedings Watching Dr Pate testify on have been truly groundbreak- the stand was like hearing Ganing and the potential for the dalf explain the essence of life outcome of the Supreme Court itself. The patient witnesses of Canada hearing is still to be all held their ground in crossseen. It is a classic case of David examination, wearing down the versus Goliath, as the forces of crown and helping the judge see the federal government attempt the real human impact of these to prosecute a young man for laws. Even the crown prosecu-

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tor got caught up in the moment and asked me for a tour of the club while I was in cross examination; we provided the tour during lunch.

Of course, Gayle and I complete the cast of characters in this extraordinary drama.

Finally, the current political and economic environment should make this case historically important when the decision is handed down, as it has the potential to turn the pharmaceutical industry on its head. As we know, the potential benefits of cannabis extracts far exceed those of smoking it, and open up a huge new market for drug producers while giving patients many more options for treating their illnesses.

Scientists, patients, investors, healthcare practitioners, extract artisans, cannabis growers and entrepreneurs are all anxious to see derivatives become available so they can explore the possibilities without fear of arrest.

After 15 years of operating a medical cannabis program, Health Canada has failed bitterly to create adequate, rational policies that promote health and protect patients from the heavy hand of the criminal law. Canadians will clearly see how backwards the medical cannabis programs have been, and they will do so just before the next federal election. While this is unlikely to become an election issue, it will be another important reason for Canadians to vote for a change.

With its seemingly perfect combination of circumstances, people and politics, the Owen Smith saga unfolds. We are very happy to produce Cannabis Digest to document this historic trial, and hope that by the next issue we will be able to report on how dramatically it has changed the way our society views the use of cannabis as medicine. Certainly you can count on us to continue to inform the public about this important case and how it impacts This trial brings to light some Canadian society. of the most important medical benefits of cannabis. Until now Canadians were told that cannabis is a recreational drug, and cannot be a good medicine because no medicine should be smoked. When the evidence of the benefits of eating cannabinoids becomes public knowledge, that negative image will get blown away like a puff of smoke.

Issue Number 44

www.CannabisDigest.ca

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VANCOUVER’S GREEN RUSH Unprecedented Increase In Dispensaries Causes Growing Pains

Dean Schwind

W

hen is something illegal?

It’s a simple question with multiple answers depending upon what that “something” represents in the question. In the case of medical marijuana, that simple question has become infinitely more complex in Canada than it used to be. It is clear that according to the federal Conservatives there is no grey area when it comes to marijuana, medical or otherwise.

In a recent Globe and Mail article Paul Calandra, parliamentary secretary to the Prime Minister, said the government has no plans to formally legalize marijuana or medical marijuana dispensaries. “They were illegal before, they remain illegal today, and as long as we’re in government they will continue to be illegal,” Mr. Calandra goes on to say. “That is the law of the land, and we would hope our municipal and provincial partners would enforce the law as it stands today.”

One of those municipal partners, Vancouver BC, has chosen to not enforce the law as it stands today. With an estimated 60 marijuana dispensaries currently operating in all parts of the city, the west coast mecca of all things progressive is actually exploring the idea of licensing, taxing and controlling the rapidly growing dispensary industry like pharmacies, rather than raiding and shutting them down as federal law dictates. In the case of Vancouver, you can see how my simple question has received a simple answer: something is no longer illegal when everyone participates in it as if it were legal.

The exact number of medical marijuana dispensaries currently operating in Canada is difficult to tally, but the Canadian Association of Medical Cannabis Dispensaries has been tracking their growth: City of Vancouver: 60, The rest of B.C.: 35, Alberta: 2, Manitoba: 1, Ontario: 13, Quebec: 4, Nova Scotia: now 0 as a result of a raid last fall on

the only maritime club, located in Halifax. The figures show that Vancouver leads the country.

But other provinces are beginning to see the trend push into their jurisdictions, however unfriendly. Regardless of location, all of the nation’s dispensaries operate outside the MMPR, the federally regulated distribution system for medical marijuana currently in place in our country. The Conservative government overhauled the distribution system last year, switching production from home gardens to large-scale commercial operations. Patients in Canada have argued the new federal system doesn’t meet patients’ needs be-

cause legal marijuana is too expensive, supply is low, or commercial producers don’t offer an adequate variety of strains. In addition, the commercial system also doesn’t produce medible products, oils, or other derivatives like CBD products, but dispensaries do.

In the West Coast atmosphere of acceptance, neighbourhood dispensaries thrive, and Vancouverites can purchase marijuana from vending machines, or get their meds from products manufactured and sold through neighbourhood dispensaries.

These offer pot-infused ketchup, olive oil and brownies, as well as the standard pre-rolled blunts and dozens of strains of apparently pure medical B.C bud. The city’s attitude of acceptance is so pervasive that other non-pot based businesses like restaurants have started to tap into the Vansterdam movement. Vancouver’s Mega Ill Pizzeria features on-table marijuana grinders and vaporizers, and offers a pot-infused pizza for those who can furnish a medical marijuana card, and “Bring Your Own Cannabis” meal options for those who can’t. Vapour lounges have sprung up all over the city as well, offering comfortable locations for patrons to meet with friends, medicate, and then enjoy beverages, food and conversation about the end of prohibition, perhaps.

Unfortunately, with rapid expansion comes the opportunity for exploitation. Critics of the boom claim that the new players are not meeting old-school compassion club standards. Many new locations require nothing more than a signed form from a naturopath or a doctor of Traditional Chinese Medicine, and many offer convenient, in-house diagnosis with promises of a legal license in 24hrs. It seems that two dispensary models are at war to see which will prove to be the model eventually adopted by everyone. While all dispensaries follow some basic rules like asking for photo ID, and contracts requiring no

retail style dispensaries pop up.

Critics also claim that, through lackadaisical rule enforcement and poor monitoring of access to membership, dispensaries with looser criteria for membership government actually threaten the eventual adoption of a successful not for profit compassion club model by the federal government. They are just helping to fuel conservative rants about patients abusing their right to access the medicine buy reselling and feeding the black market. For many of the new dispensaries a diagnosis from an onsite, or worse, online naturopath confirming they have any ailment ranging from cancer or ADHD to sleep disorders as proof of condition, is already a common practice, and smacks of a focus on profits rather than compassion. Dab hour, equivalent to the old happy hour, is a common service offered at many of the new clubs.

There are also sign up bonuses, sales on medicine, special combo packages featuring weed and medibles, and other promotional offers to attract and keep the sharing or resale, the traditional ever increasing number of conold school compassion clubs, sumers in the very competitive some of which have operated marketplace. for nearly 20 years, and a few conscientious newer compasSocial media are playing sion organizations, have banded their part in the rapid expantogether to form the Canadian sion by promoting dispensaries Association of Medical Can- and their exclusive strains and nabis Dispensaries. The asso- medibles. Sites like Leafly.com ciation’s members differentiate identify the latest strains and themselves by adopting a strict where they can be bought. They body of rules and regulations offer consumer reviews and tips, setting strict standards on ev- while constantly adding to the erything from proof of condi- lists of marijuana outlets. Distion to ensuring that supplies of pensary pages explode all over medicine are not sourced from Facebook, and twitter abounds the black market, but from ex- with a constant buzz from the clusively contracted growers. blossoming dispensary culture.

Yelp has even joined in the fun However, many dispensaries by allowing reviews of dispensaare operating outside of the tra- ries which comment on varieties ditional not for profit model pi- available, staff knowledge and oneered by clubs like the VCBC courtesy, ease of membership rein Victoria, on Vancouver Island, quirements, as well as safety and and choose to follow a Califor- overall atmosphere. The current nia style profit model which fea- boom has Vancouverites asking tures storefront retail operations is marijuana legal now? This offering plush settings, exclusive is a question that, in Vancouver strains, tight security and home at least, has become almost rhedeliveries. Jamie Shaw, president torical, as the reality is an obviof CAMCD has been quoted in ous ‘yes.’ numerous newspaper articles stating that, “the CAMCD disBob Marley once said, “ When pensaries are actually at a dis- you smoke the herb, it reveals advantage to all these other you to yourself.” This may be dispensaries because there are a truth for many Vancouverites, some whose requirements are and very soon many Canadians, not nearly as strict. The medical as society accepts and embraces marijuana industry has changed the wonders of legal access to the drastically in the time the com- people plant. The end of prohipassion club has existed.” That bition is near despite the Harper change becomes clearer every government’s bold statements day to Vancouver residents as to the contrary. The marijuana more and more neighbourhood dispensary boom in Vancouver

Cannabis Digest • Spring 2015 is a mere shadow of what is to come on a national scale. With successful outcomes in the Supreme Court of Canada extracts trial of Smith VS Regina, and the Allard group challenge in BC Supreme Court, the Conservative government is outside on the ledge looking down, facing a fall that will lead to the end of an anti drug policy that makes up one of the pillars of the party.

Mr. Harper will have much to deal with at election time, and much to explain to a right wing Christian conservative base that has little patience for failure and less for loss of profit. He faces the current disintegration of the energy sector and the Alberta economy with it, the Canadian public feeling invaded by a threatening and overreaching national security law in Bill C-51, and court orders from the SCC and BC Supreme Court essentially freeing marijuana extracts and the operation of home based patient gardens. Vancouver’s medical dispensary boom is the harbinger of a near future of fully legal marijuana in Canada.

The fall of marijuana prohibition is happening all around us as state after state in the US legalizes. It could be argued that Vancouver’s green rush is due at least in part to legalization in

the two border-states of Alaska and Washington, and certainly falls in step with the whole of western North America when you include California and the state of Oregon.

The fall of marijuana prohibition is a wave that seems to be sweeping eastward across the continent, carrying with it a change in attitude from the North American public, which will force legalization and eventually allow the removal of the “medical” guise used by many of Vancouver’s new dispensaries.

Legalization in Canada means these new for profit dispensaries can shed their compassionate pretences and simply be themselves as boutique retail pot shops. Through taxation, employment, and the following of rules set out by the city, the road to legalization opens for all of these marijuana outlets, medical or recreational; in Vancouver there are currently 60 reasons why the idea of legal easily accessible weed is working everyday.

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Issue Number 44

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9

Dr. Neil McKinney

Judith Stamps

A Canadian Pioneer in Naturopathic Oncology

and topical salves.

he new reality of penicillin, T Alexander Fleming’s discovery of 1928, hit world conscious-

ness during World War II, when it was deemed a miracle. Surgical techniques invented during the American Civil War, WW I, and WW II began in the 1950s routinely to be applied to cancers, reconstructions, and transplants.

They too were deemed miracles.

But two miracles in a row were intoxicating, and easily followed by a third one, more sinister and less understandable. Riding high on public esteem and Better Living Through Chemistry, pharmaceutical companies and MDs in the 1950s pronounced themselves the new descendants of Adam, with naming authority for all medicines. And via elected governments, citizens in every democratic nation allowed them to have it. By the mid-1950s, as a result of lobbying by Big Pharma and MDs, only four Canadian provinces and five US states had licensed naturopaths. In the new world synthetic was ‘good,’ natural was ‘out.’ Similarly, longstanding and useful over the counter medicines, including cannabis, were labeled ‘illegal.’

But by the 1970s the shine had begun to come off the word ‘synthetic.’ A new generation of activists had begun successfully to reclaim citizens’ rights to all things natural: childbirth, breastfeeding, herbal medicines, natural food, and the concept of self-healing.

Working in the midst of this ferment Neil McKinney, a science graduate with a specialty in cell biology, and interviewee for today’s blog, was spending his days growing animal and human cells for the BC Cancer Agency in Vancouver.

Whilst there, McKinney met and befriended late cancer research campaigner, Terry Fox. Fox was disappointed with what looked like stagnation in the research, and urged McKinney to push toward a meaningful breakthrough. By the time Fox died in 1981, McKinney had become disillusioned.

Fox had raised 5 million dollars for research, and in McKinney’s view, BCCA was wasting it. It was testing Misonidazole, for example, a drug meant to make cancer cells more responsive to radiation therapy. The drug didn’t work, but they chugged on with it because it was a pharmaceutical product. This was not the change Terry Fox had wanted, and McKinney, feeling deputized, vowed to do something better.

He quit his job, and set off to explore. That first year McKinney visited the Hoxsey Bio-Medical Clinic in Mexico, and observed.

He travelled to India, where he spent four months talking to local doctors about Ayurvedic medicine.

He read everything he could find.

He began to see natural and traditional practices as medical gold

mines, an insight that set him on a path. Upon returning to North America, with encouragement from senior naturopath and family friend, Joseph Boucher, McKinney enrolled in the four-year program in naturopathy at the National College of Natural Medicine in Portland, Oregon, North America’s oldest school. He tackled this learning with passion, studying both naturopathy and Traditional Chinese Medicine. He carried as many as carry 11 courses at a time.

In 1985, he earned the title ‘Dr. McKinney,’ and returned to Canada to practice.

2,000 relevant PubMed articles. A practitioner and explorer, McKinney routinely works 16-hour days.

[1]

Like the Canadian Medical Association, the College of Naturopathic Physicians of BC (CNPBC) is not yet cannabis friendly. Moreover, unlike MDs, NDs are not federally recognized as medical professionals. So they cannot prescribe medicines—like cannabis—that are licensed federally. CNPBC appears to take this prohibition to heart, as it does not permit NDs to help their patients acquire or learn about the herb. Yet many patients Still deputized, McKinney pro- who seek out naturopaths are

ceeded to establish himself as a pioneer in naturopathic treatments of cancer. In 1999, he met with colleagues to plan a new school in naturopathic medicine in British Columbia. In 2008, the new school was accredited with the Council on Naturopathic Medicine Education, and began to take students. Called the Boucher Institute of Naturopathic Medicine, after Joseph Boucher, the school currently accepts 35 students a year into its four-year program. McKinney continues to lecture there.

In the meanwhile he has published three texts on Oncology, the latest of which is the formidable Naturopathic Oncology: An Encyclopedic Guide For Patients and Physicians. The texts are in use in schools both in Canada and the US. McKinney continues to read every research paper in sight, and shares then with anyone who listens. The handout for doctors who come to hear him speak lists over

aware of, or take medical cannabis, and others want to try it. Recognizing cannabis as valuable medicine, McKinney has educated himself on the subject. While he is not permitted to prescribe it, he feels comfortable helping his patients make the best use of the medical cannabis they access on their own.

He feels equally comfortable lecturing on the subject.

A new and improved edition of McKinney’s text, due this coming June, features for the first time, a chapter on cannabis. It’s been in draft form for some time. There are sections on the endocannabinoid system, exogenous cannabinoids, indications for medical cannabis, and methods of ingestion.

McKinney pays special tribute to Ted Smith, Owen Smith and the VCBC, noting their hard work, and their superior methods of edible oil extraction, with special praise for the club’s Buddha Balls

The cannabis chapter has a substantial description of concentrated hemp oil dosing, for children as well as for Adults. Both CBD and THC, McKinney tells us, are necessary to control cancer. Thus far good results have been seen in what he calls the aerobic, oxygen hungry cancers of the brain, blood and lungs. We don’t know as much about its efficacy for more deeply embedded cancers, like those of the stomach or bones, he says, but only because there is less data. At this point there are no real human trials. But there is lab research.

Indications thus far are that cannabis can retard cancer cell growth; selectively kill cancer cells; inhibit metastasis; turn the immune system against the cancer; and more.

McKinney recommends oils extracted from Indica strains Road Kill, Chronic, Master Kush, Dr. Jeckyll, and Blue Cheese. Sativa strains, in McKinney’s view, are too low in CBD for cancer use.

The new chapter also contains a terrifying sentence, not to be read on dark nights, and under no circumstances to children or puppies.

It runs: “Note that the official Government of Canada strain MS-17 is a cross with GMO strains from Bayer AG, and does not contain the cannabinoids necessary to treat cancer. Clinically it is a dud.” MS17? GMO? Bayer AG? We really do need to dump this administration. Did you all know things had gotten that bad in Harper’s Kingdom? I didn’t.

McKinney notes that concentrated oils are equally useful for pain, PTSD and muscle spasms, and as a topical for sore joints. He describes some adverse effects, dehydration, dizziness, and so on, and recommends calming them with calamus root, pine nuts, citrus fruit and rind, Vitamin C, and black pepper. What he prescribes for the adverse effects of his terrifying sentence, I’m not sure.

I began this account by noting that naturopathic medicine and medical cannabis have travelled similar paths. Both were rejected by a world that nixed the natural, and worshipped the artificial. Those paths collided bizarrely when, on September 2, 2014, The Vancouver Sun ran a lengthy article entitled: Medical Marijuana: Easy To Get; Easy To Buy.[2] Journalist Mike Hagen went undercover, and approached a few naturopaths, then attached to some of Vancouver’s dispensaries. He presented himself as an insomniac, and found that at several places, he was able to access cannabis within 40 minutes of entering.

This article was unfortunate. It annoyed CNPBC, which in short order shot a letter to its members, stating: “there has been a complaint.” The College reminded them not to prescribe cannabis for

Cannabis Digest • Spring 2015

10

patients. If naturopaths were occasionally helping medical cannabis users before this event, they have since had to become more cautious. I contacted Mike Hagen by email, whereupon he agreed to respond to a few emailed questions. He never followed through. I asked if he thought that insomnia was a serious ailment. The newscast had made it sound like a joke. I wondered if he had thought of visiting medical clinics as a pretend insomniac, to see how many bottles of prescription pills this might yield. The last time I asked a physician for Ativan I was out of his office, and out of the pharmacy in less than

j

30 minutes; and those things can kill you. I asked if the article was intended to criticize naturopathy, and what, in general, Hagen had set out to accomplish. I must learn better how to contact journalists.

Rule One: Don’t agree to email interviews. They don’t have to respond.

Here is what Hagen’s article did accomplish. CNPBC is a bit like the Vancouver and Victoria police; it tends to be benign, but snarls when there are complaints.

It is now more difficult for medical marijuana patients to talk to the doctors who are best placed to offer them lifestyle counseling, as well as other naturally based infor-

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mation. There have been raids on a few dispensaries. So we have life as usual, only worse. Yay, Vancouver Sun. Though progress has been slower than McKinney would have wished, he has forged solid relations with some mainstream medical professionals. He now works with, and sometimes gets referrals from, medical oncologists. He’s developed a reputation. Currently there are four Canadian provinces that license naturopaths: Ontario, BC, Manitoba and Saskatchewan.

Nova Scotia is poised to become

the fifth. At that point, naturopaths in Canada have a reasonable shot at being recognized federally as medical professionals. And if they get that they may be entitled to prescribe cannabis. On that day, the world will become a degree kinder, and the Fox/McKinney mission, a step further along its path.

[1] https://www.youtube.com/ watch?v=NvVp7Huewo4 [2] http://www.vancouversun. com/health/Medical+marijuana+ Easy+easy/10043583/story.html

Issue Number 44

www.CannabisDigest.ca

Kylas Quest

11

Little Girl, Big Inspiration

In April of 2014 Kyla began treatment using high CBD oil.

With the excitement typical of any proud grandma, Elaine shared with me her excitement about Kyla’s latest achievements.

“We played an interactive game with her, which is HUGE for Kyla.” She explained that Kyla is unlike a regular three year old.

The seizures and pharmaceuticals have robbed her of the normal development other children enjoy.

Kyla Williams t’s unusual to meet another I Kyla. While the name has gained some popularity in more

recent years, I still remember as a child wishing for a recognizable name like Jennifer, or Julie. There were lots of girls in the Jenny club. Kylas were rare.

Years would pass between meetings of other Kylas. New introductions inevitably included a quick, and often awkward ‘how to’ lesson on the name’s pronunciation. So when other activists and friends started telling me stories of another Kyla Williams, I was intrigued.

In April of 2014 Kyla began treatment using high CBD oil

was “like a zombie,” her grandma, Elaine Nuessler, told me in a phone interview. Then the seizures returned, and escalated rapidly. By Christmas of 2013 she was having so many seizures Kyla Williams, who just turned they couldn’t count them; they three on February first, has al- were averaging at least 100 a day. ready seen more doctors than most of us can expect to see in Kyla’s mom Courtney, and a lifetime. After a healthy deliv- Grandma Elaine (who was there ery, she progressed along expec- in support, as Kyla’s Dad Jared tations. At 4 months her prog- was away working) were givress began to slow, and there en the painful news that there was an additional concern about were no more treatment options unusual eye movement. By 6 available for her condition. It months, she was referred to a was a dark teary drive back to pediatrician who immediately Summerland from Vancouver, recognized her symptoms to be but a spark of hope was offered epilepsy. from an unlikely source. Kyla’s

They had just finished weaning her off of phenobarbital and had only one more pharmaceutical to wean her off of. “Already,” dren with intractable Epilepsy Elaine said, “we are starting to in the USA. He called to tell see Kyla’s real personality come out. I am really looking forward them about it. to it being just Kyla, without the “When we asked Kyla’s neurol- drugs.” ogy team about using high CBD oil they told us it’s illegal, it’s not One of the biggest frustrations available and it’s not an option,” for Kyla’s family and the other Elaine told me. Just like that; a families like hers is an inconsisfrustratingly simple response to tency of product. With each new a complicated illness by the very crop of plants, unless the plants people in charge of finding the are cloned, the cannabinoid profile changes. These variations, as answers. small as they might be, can reThankfully Kyla was blessed ally affect children’s small bodwith a strong family that wasn’t ies. Their systems are sensitive; content to accept ‘no’ as an an- a change in weather can create swer. The family researched, and a bad seizure day. They cannot sought out the medicine they handle a change in cannabineeded to give the girl they loved noids.

Kyla spent 3 long weeks at the Vancouver Children’s Hospital where she was given a plethora of tests including EEGs, MRI, cardio and metabolic tests. Different drugs were tried, and failed. Kyla’s epilepsy was confirmed with evidence of abnormal brain activity, which was causing her cortical visual impairment.

Kyla’s high CBD oil is made from the hemp plant, which one might theorize would be easier to get in Canada because this country has a ‘legal’ hemp industry. But it isn’t easy. According to Elaine: “Kyla’s medicine comes from the part of the plant that growers are legally required to destroy.”

Elaine cautions me against legislation for pure CBD oil, however. As my husband (Chris) says these kids are ‘like snowflakes, each of them unique.’

Some kids require higher THC levels than others.”

It is likely that Kyla had been suffering from ‘absence seizures’ from the age of she was two months. These are characterized as short periods of ‘blanking out’ or staring off into space.

Extensive DNA testing and study has not revealed the cause of Kyla’s condition.

When she was released she was to receive steroid injections every second day at the local hospital, but soon showed adverse effects. She had to be weaned from the steroids, was placed on 3 different pharmaceuticals, and 91-year old great grandfather on a ketogenic Diet. had watched Sanjay-Gupta’s report on CNN about Charlotte’s For about six months she had Web, a high CBD cannabis oil some relief from the seizures but that had been used to treat chil-

At one point she was even unable to suck her thumb because the pharmaceuticals were interfering so much with her motor function.

so much. They wanted her to have the quality of life she deserved. Eventually this journey led them to Jim Leslie and The Kootenay Medicine Tree.

Elaine thinks the extracts Supreme Court case (R v Smith) in March is an important step in getting help to kids like Kyla. “I am hopeful and confident that the right decision will be made,” she says. But, she admits, there is still a long way to go. “How do you dose a cookie for someone with such a sensitive system as Kyla?” she asks, adding that there needs to be research, testing, and education of the public and medical community. She is

Cannabis Digest • Spring 2015 grateful for the work being done.

“Kirk Tousaw, Owen Smith, and team have my deepest gratitude.

This case is so important to all of us.”

Dealing with the stigma has also been a challenge for the family.

“People just don’t understand the many difficulties in getting Kyla’s Medicine,” Elaine told me. Chris, Kyla’s Grandfather, is familiar with the stigma. A retired RCMP officer, he has spent time enforcing the law that now holds his granddaughter back. “He has come 180,” Elaine shared when I asked about the difficulty her husband faced changing his mind about such a big topic. “Once he saw the improvements in Kyla’s life there was no looking back.” She referred to one of her husband’s more notable statements about cannabis being a gateway drug.

“Yes, its a gateway drug, its a gateway to good health!” Having a retired RCMP officer around has given the family a special kind of strength. “We are not afraid of the law, or the system,” she told me. Unlike many families they feel they have nothing to hide.

ceuticals and treatments are not working, and the options have been exhausted but the medical profession is slow to catch up.

helping 7 families in similar predicaments. They will be holding a pulled pork dinner and fundraiser on May 23 at the Orchard House in Penticton, BC. There

“People just don’t understand the many diff iculties in getting Kyla’s Medicine” She relayed to me a story of a four month old that was not getting any relief from seizing, and how the parents were seeking cannabinoid therapy as an option. When the mother relayed her thoughts to the neurologist the doctor was taken aback and said: “But don’t you know that it can cause Schizophrenia?”

It was interactions with these special families that led the way to the creation of Kyla’s Quest, an organization devoted to helping families find educational resources, support, and financial assistance obtaining oil (when the funds allow). They also advocate for research and legalization of cannabis oil. A scientist from Simon Fraser University wanted to study Kyla’s brain and how the high CBD oil was working, but without a legal source of the oil, the research cannot move forward.

As Kyla’s family sought answers, they came into contact with more and more families dealing with similar problems—intractable epilepsy and other seizure disorders. The current pharma- At this time, Kyla’s Quest is

their child, and of course, cannabis oil is not covered by any medical plans and can be quite costly,” Elaine said.

You can also donate directly through their website www. medicalcannabisforsickkids.com and keep up to date with our little heroine’s progress on Kyla’s Quest on Facebook.

I no longer crave to be a Julie. In will be music provided by 4 dif- fact, upon learning Kyla’s story, I ferent bands, dancing, and a si- am proud to share both names lent auction. with such an inspiring little girl.

Welcome to the Kyla club young “The fundraising is important. one, and may you be ‘victorious’ We are dealing with families in your quest, as that is what the with very ill children. Often one name means in both its Hebrew parent needs to stay home with and American translations.

Issue Number 44

www.CannabisDigest.ca

Her Majesty the Queen

13

A Letter to Her Royal Highness Queen Elizabeth II Your Majesty,

Owen Smith

O

n March 20th, 2015 the Supreme Court of Canada heard arguments for and against medical cannabis derivative products becoming legally available to authorized patients. The courtroom was filled with supporters while many others watched in the overflow rooms and on the CPAC live stream. The entire proceeding was recorded and is available to view online on the Cannabis Digest Youtube page. Floating on the screen during the webcast was “Her Majesty the Queen vs. Owen Edward Smith”. Despite this sport scoreboard like opposition displayed for the audience at home, Queen Elizabeth II had about as much influence on the unfolding of our constitutional question as the Unicorn on the coat of arms above the judges heads.

I am writing to you today as a British citizen living in Canada about a serious matter of dignity that threatens permanently disabled and diseased individuals. There are tens of thousands of Canadian patients whose maladies have exhausted the faculties of conventional medicine and for

attended the Supreme Court tions that are a serious concern of Canada in Ottawa. of critically ill patients. Patients with cancer, hepatitis C, HIV/ During the nationally broad- AIDS, neuropathic pain and cast hearing in the Supreme life-threatening seizures who Court of Canada, the sub- find relief using medical cantitle bar read Her Majesty nabis cannot legally make or the Queen Vs. Owen Edward obtain the suitable medicinal Smith. products that will help them to sleep through the night. The As I wait for a decision from government has asked that the Canada’s highest court, I would court overturn the two previous rulings to send me back to face another trial.

“I am sure you would agree that to drink out of the teapot is not common sense” whom medical cannabis has been prescribed. These patients are only permitted this plant in it’s dry form and are prohibited from producing any other forms from it.

In 2009, I was arrested and charged for producing cannabis based medicinal products for these sick and disabled people. In response, I sought legal protection by raising a challenge based on the Canadian

However, If she knew more about this situation, I doubt that Her Royal Highness would concur with her counsel. If only in the privacy of her conscience, I’m sure she would agree that to make the contents of the teabag legal, but prohibit the tea is not sensible.

Her great grandmother Queen Victoria is known to have used a cannabis tincture prescribed by her royal physician. The prosecutor for the crown, Paul W. Riley was recently awarded with the ‘Queens Counsel’ distinction, allowing him to wear a silk robe in court. Although he looked good, the Judges expressed that his arguments (Ted Smith and Owen were composed of “lawyer Court of words” and incomprehensible Constitution and Charter of lines of reasoning.

Rights and Freedoms that you signed into law the year I was I was born and raised in Eng- born. This challenge succeeded land, so I decided it would be in 2012 and I was soon-after proper to write to the Queen acquitted of all charges. An apand inform her of how her peal was launched by the govsymbolic role was being rep- ernment, which was ruled in resented to sick and disabled my favour in 2014. In response Canadians. to another appeal, I recently

like to explain my position in hopes of contributing to your understanding of this particular issue. Patients in Canada who are permitted dried cannabis are at risk of being arrested and jailed for making anything out of it. Take a cup of tea for example. After placing the herb into a tea bag and lowering it into the teapot, the tea that is poured into the teacup is prohibited. I am sure you would agree that to drink

I was raised to have the compassion that would lead me, if necessary, to risk my freedom to help those less fortunate.

Although we are opposed in the public eye, it is my sincere belief that as a symbol of the kind-hearted people of England, you would see my point of view.

I have the honour to be, Madam, Your Majesty’s humble and obedient subject.

Owen Edward Smith

If you would like to write a letter to Queen Elizabeth II, Post to: Her Majesty the Queen, Buckingham Palace, London SW1A 1AA, United Kingdom

Smith in the Supreme Canada)

out of the teapot is not common sense, but that is the law in Canada.

It is the law that the dried herb be consumed in it’s entirety.

This goes against the established botanical opinion that this enforces the unnecessary consumption of contamina-

Cannabis Digest â&#x20AC;˘ Spring 2015

Issue Number 44

www.CannabisDigest.ca

Extracts Trial

Decision Should Radically Change How

“Would you conf ine your points to things that really matter!”

his was the last thing Chief Justice T Beverley McLachlin said to crown lawyer Paul Riley before Riley quickly closed his arguments. It was an appropriate ending to a special morning in the Supreme Court of Canada. Health Canada had failed to defend limiting patients to ‘dried marijuana,’ and everyone in the room knew it.

The decision is expected in late June or August.

Going into the hearing, defense attorney Kirk Tousaw was confident in his arguments. He was surrounded by a solid team of lawyers advising him, including veteran attorney John Conroy and his team working on the injunction granted by the federal court that has allowed patients to continue to growing their medicine. Counting all the lawyers representing intervenors, Owen Smith had 11 attorneys on his side; the federal government had two.

No one could have predicted how poorly crown lawyer Paul Riley would come across. His arguments were unconvincing, something very obvious when after a few questions Justice Cromwell politely told him that he was not able even to follow his line of reasoning, let alone agree with him. It was surprising to see Riley arguing the case at the SCC after losing before the BC Court of Appeal. But perhaps no other lawyer working for the government was willing to take this case.

For those in attendance, the energy in the air was electric.

Sparks began to fly when the judges grilled the crown. Riley stated the government did not believe citizens should have the right to choose an illegal substance over a legal one, citing the options of dried marijuana and legal prescription drugs containing tetrahydrocannabinol, THC, the most active chemical in the cannabis plant.

“What Health Canada is saying is: leave aside anecdotal opinions of individuals.

What science has been done has been done with respect to dried marijuana.

That is the known quantity. We do not know the implications and effects and utility of derivative products, which are in effect more more concentrated, like THC and cannabis resin….We do not know those things so we are not going to regulate them because to do that would be to go against the general principles of the regulations.”

cannabis and THC. In fact, Owen was charged with possession of THC for the purposes of trafficking, and THC has actually passed through the drug approval process as a synthetic drug as Marinol and a plant-derived drug in Sativex.

The judges did not seem to believe the crown had a good argument for keeping cannabis derivatives illegal. When Riley began to say the court and police had to use common sense in determining whether the laws were being broken, rather than going strictly by the letter of the law, the judges did not seem convinced.

“We have a criminal prohibition, and you are telling us that the line-drawing is very difficult.” The Chief Justice clearly saw that this loose method of interpreting the law put patients at risk. “ That seems to me constitutionally problematic.”

arguments and Riley’s approach. Early in his one hour, Chief Justice McLachlin bluntly says, “Well those are a lot of lawyer words but…”

The crown spent so much time trying to prove Owen should not have standing, and that common sense should protect patients from the law when they are in the process of making and using cannabis derivatives, that he only had 3 minutes to discuss the remedy. Of course, the government wants time to make any necessary changes to the regulations. They claim there are many stakeholders to consult when making these new regulations.

How much work the government has will depend upon the remedy the courts prescribe. Normally the courts do not like to meddle in government regulations, but this situation may force them to do just that. The lower court decisions were “The difficulty that I am having with this problematic, so there is no clear road for is that it is a criminal model and you keep the court to take. talking about it being a regulatory model, ... but we are talking about criminal “If we win, the remedy I argued for is to law here and exceptions to criminal law.”

Chief Justice McLachlin was very clear that the laws were a threat to the security of the person, which is supposed to be protected by the Charter. “Certainly it is a way of regulating but it is regulating with the heaviest instrument the law can apply. Now when you do that you come into Section 7 territory.”

Likewise, the court did not seem ready to listen much to why the crown did not think Owen could argue that patients are at risk of their rights being violated by these laws. One of the dissenting judges at the BC Court of Appeal made this argument, though it goes against every Supreme Court of Canada decision made in this area of law, often referred to as the matter of standing. As Kirk and some of the intervenors pointed out, the high court has given corporations the ability to use the principle of standing to argue that the rights of their customers are being violated. Since corporations can be granted standing, there should be no question that a citizen can be granted standing as well.

Canada’s highest court has consistently stated that no one should be convicted of an unconstitutional law, and this case should be no different.

Riley was struggling to answer the questions of the judges throughout much of his presentation. When asked questions he rarely answered directly. Instead he tried to divert the judges’ attention to other related points of law in an attempt to avoid the question outright. At times he seemed desperate, constantly coming back to the point that drugs should not This position of the crown totally ignores be made available until they have been the undisputed evidence of Dr David fully tested, as if that was justification for Pate, who testified for the defense, and throwing patients to the wolves if they Dr Abramovic, the expert sent by Health made an extract for themselves.

Canada who confirmed much of what Dr Pate said. The document that Dr Several times during the crown`s presenAbramovic updated for Health Canada tation the judges appeared amused and is full of references to studies of edible even sarcastic about the government’s

Cannabis Digest • Spring 2015

Hits Ottawa

Cannabis Is Used As Medicine In Canada remove medical cannabis entirely from the Controlled Drugs and Substances Act (CDSA).`, states Kirk Tousaw. “This would mean that cannabis for medical purposes would have no restrictions when in the hands of patients. In other words, patients can possess it, produce it for themselves, and make any derivative medicines they want to for their own use.”

This remedy would solve many of the government’s regulatory problems because as long as cannabis is a controlled substance there are many limitations on how it can be used, and it will always be hard to enforce the laws when a growing number of people are allowed to possess, produce and use cannabis products as medicine. Since there is no chance cannabis will pass the normal drug approval process, this option makes the most sense, but it is likely too bold for the court.

Tousaw continues, “Commercial behaviour - producing and selling cannabis and derivative medicines - would automatically become regulated by the Natural Health Product Regulations. This is by operation of law, not by our request. The NHPR apply to all plants (and derivatives from plants) that are grown and/ or marketed for medical purposes.

The reason cannabis isn’t already under those regulations is because the NHPR specifically exempt anything that is in the CDSA from being considered a

(image by Mark Lehtimaki)

Natural Health Product. Therefore, if the Supreme Court removes medical cannabis from the CDSA, it is automatically considered an NHP.” If the court does this, the changes would be dramatic. The evidence before the courts strongly suggested cannabis would never become an approved drug. Certainly as long as it remains in the CDSA and any testing will be tightly regulated, if it is allowed at all. Trying to make cannabis derivatives fit into the drug approval process is like shoving a square peg into a round hole. It will not work.

However, it is not the job of the court to write acceptable laws, they just make rulings on the ones before them.

By Ted Smith

has been smoking. Patients are literally dying without making extracts and the public is increasingly aware of the absurd position these regulations put them in.

Left out of the stakeholders’ group, in one of the many ironies of this case, will be the Victoria Cannabis Buyers Club or any dispensary like it. Medical compassion clubs, like the one paying for this case, have never been a part of Health Canada’s programs, and it will likely take several more court cases or a complete change in government before they can play a legitimate role. However, this case has helped convince the public that the government’s medical cannabis programs are ineffective, and there has been an explosion of new dispensaries in BC that One of the twists in this case is the fact have used this case to protect them from the when Owen was arrested the regime police action. in place was called the Marijuana Medical Access Regulations, and just last year Meanwhile, the case has cost the VCBC Health Canada created a new program, around $140,000 in lawyer fees and other the Marijuana for Medical Purposes expenses. Though the club tried to cover Regulations. The new program created a all of the costs of the case, as it worked new medical cannabis industry by grant- its way to the Supreme Court of Canada ing authorization to Licensed Producers we began to ask for some outside help. to grow and supply dried plant material A GoFundMe page was started, and that to patients via mail order. Many have has raised almost $8,000 by print time. speculated that the government will try In addition, a bong was donated by Redto ignore any decision in this case be- Beard that auctioned off to Rob Waddell cause it started when the old MMAR of Planetary Pride for $3,000, the Canaregulations were in place. dian Contrate Open has donated $3,700 with more to come. Others have generIn the end, crown prosecutor Paul Riley ously contributed to help pay for this exknew Health Canada had lost. It was traordinary trial. We really appreciate all subtle, but speaking off his written script of the help, as we feel it is unfair for the he says, “I appreciate the court will be members of the VCBC to bear the entire saying the restriction in the old regime cost of this historic trial. is invalid.”

Working with Owen on this case has He goes on to admit, “There is no ques- been an absolute pleasure. Since he was tion though in terms of the rule of law, arrested, he has acted with dignity and everyone will take guidance from what honor. He has followed my lead, never this court says about the restriction... questioning the decisions Kirk and I With regards to the new regime, since it made, only asking clarification so he can envelops and adopts that new provision, understand what we are doing. Owen even though it is not subject to challenge, has become a gentle hero to many. the government would have to obviously look at responding to the ruling, to make The man of the hour, though, is truly sure that the...regulations correspond to Kirk Tousaw. From his written factum, the ruling.” to his articulate statements in court, Kirk has demonstrated his superior intellect In fact there appear to be a number of and his dedication to the liberation of things happening as the industry pre- cannabis. pares for the next phase. Multi-million dollar investments are being made by LPs Having a front row seat in this historic looking to cash in on the multi-billion trial has been a privilege. Surreal, too. dollar market that is going to be created with these changes. Reports started For more information about the trial, coming within hours of the end of the check out the Cannabis Digest website. hearing suggesting Health Canada was The entire hearing is also available, so even preparing to fast-track the regula- you can watch the crown stutter over and tions, though it is expected the courts over again. will give them a year.

Ultimately, this trial will change the There is a great deal of pressure on Health course of Canadian history and its canCanada to make these changes sooner nabis culture in ways we cannot predict. than later, and the government may even This will be the first time the highest find many of its stakeholders impatient court makes a ruling on medical cannaand demanding these changes happen bis, and with a growing awareness about quickly. Police will not be happy when the follies of prohibition and the incredthis decision comes down, as it could ible benefits of this plant, our society is make prosecuting any cannabis deriva- ready for a fundamental shift in these tive charge impossible until the regula- policies. We have struck at the Achilles tions are amended accordingly. Doctors Heel of Health Canada, and now we shall will be demanding clarification as soon see its medical cannabis program fall to as possible, since their biggest complaint its knees.

Issue Number 44

www.CannabisDigest.ca

p u b l ic d e b at e

17

How NOT to have a Debate about Legalizing Marijuana

Judith Stamps Notes on the February 4th Event at the University of Victoria

L

ast Wednesday I trotted off to UVIC’s Farquar Auditorium to listen to a ‘debate/discussion’ on legalizing marijuana, put on by the UVSS—the student society. They had organized a panel with four speakers, two pro, two con. On the pro side were activist Marc Emery, and criminologist and LEAP member John Anderson; on the ‘no’ side were two exaddicts—graduates of twelve step programs, who now run addiction recovery clinics. They were: Jim O’Rourke, executive director of Vision Quest, and Geri Bemister, owner of Revelation Works. Both teach criminology at local colleges. AA style, and unlike Emery or Anderson, both recounted their personal stories. Geri Bemister had smoked pot at an early age, and had a predisposition to addiction; Jim had once lived a life of violent crime. The event had a moderator: Joe Perkins, news anchor at CTV News. The audience—about 200 strong—ranged widely in age.

These were the rules of engagement. Each panelist spoke for five minutes at the outset, and five minutes at the end. In between, panelists were asked to respond to questions from the audience.

The moderator enforced time limits, and otherwise cut off speakers where he thought it necessary. The exchange was advertised in the student newspaper as an opportunity to explore, from various perspectives, the nuances of marijuana law. No such thing happened.

No nuance, no exploration. There was some shouting, if that counts.

There were stunningly inaccurate claims by Bemister and O’Rourke.

There were no direct rebuttals, so there was no debate. The moderator, well meaning though he was, extinguished all spontaneous talk,

so there was no discussion either.

This left a series of isolated minitalks punctuated by applause, eruptions, and grumbling among the listeners. To avoid a mess like this, here’s a plan.

Do not invite evangelical, exaddicted prohibitionists to a debate on legalizing cannabis. If you do, you’ll hear stories about how warped and dangerous they used to be, followed by negative stuff on the cannabis community that has been neither warped nor dangerous. Mmph. You will then be attacked by claims like these. Marijuana has been prohibited for almost 100 years, and yet there is no research. (Geri Bemister) These days you can just tell some doctor that you have a headache, get a prescription, and grow a few plants—which will yield 75 pounds of cannabis. ( Jim O’Rourke) A thoughtful creature will then approach a microphone and ask: have you ever heard of CBD? You’ll think: There is hope.

But the world is cruel. Geri Bemister, or someone like her, will respond with: Is that that stuff those doctors put in those pills?

Along with most of the audience you will recite: no, that was Marinol: THC. The prohibitionists will have never heard of CBD. But they will guarantee this: The Hell’s Angels will take over cannabis anyway: they do their own

Do not rely on brief speeches and audience questions for structure. In a real debate each point gets rebuttal. So when one side says: There is no research, the other side has to meet the point.

They rattle off, for example, the various commissions starting from the Indian Hemp Drugs Commission in 1894 and ending with the 2002 Canadian Senate Report, and ask: Why don’t these count as research? That kind of exchange never happened. John Anderson, bless his heart, talked about the 2002 report, praising its form as a meta-analysis of many studies. If the prohibitionists heard him, you research, and have it all planned couldn’t tell. If they’d even heard out. (Geri Bemister) By this time of the report you couldn’t tell eiyou’ll be noticing that absurdity is ther. weirdly psychoactive. That’s when Do not muzzle audience memyou get hit with the hard stuff: So how do you feel about people bers who approach the microsmoking pot around their babies? phone by telling them: That wasn’t We already have fetal alcohol syn- a question. Why does it have to drome. You want marijuana baby be a question? A few people on syndrome? Remember Thalido- Wednesday evening attempted mide? You want more fetal de- genuine debate by responding to formities? ( Jim O’Rourke) After panelists’ claims. Jodie Emery two hours of this draggy stuff you named some sources of research leave. With your $10.00 ticket, and suggested the ‘no’ side make now rendered porous by uncon- a note of them. The moderator scious scrunching and unfolding, said: That’s not a question. Then you wipe away a tear. Meanwhile, a student said she had graduated this sentence will have buried it- with high marks, helped along by self in your pre-frontal cortex, cannabis. But she wanted to see a later to haunt your dreams: Can- regulated market with product lanabis is a depressant; it leads to bels. That wasn’t a question either, suicide. (Bemister and O’Rourke) but it got this response: So move to a place where it’s legal (Geri See the point? Don’t do it.

Bemister). Who pays speakers to

Cannabis Digest • Spring 2015 tell them to go away?

If you want dialogue, do not muzzle members of the panel whenever they try to speak directly to one another. Because then there will be no dialogue at all. Marc Emery loves to speechify. Out of the blue, and out of order he announced: Everything you do in this world from driving to cooking can kill you, except for enjoying cannabis. Sugar will kill you; sex will kill you; eating will kill you. Only cannabis won’t kill you. I needed a good laugh, although it seems now that he really meant it. In any case, it is an intriguing thought, and somebody should have been invited to respond. John Anderson, I think, is more conservative. He and Marc might have had a nuanced debate.

Make sure the ‘no’ side addresses all points made on the role of liberty in a healthy society. On this topic John Anderson quoted John Stuart Mill’s iconic essay, which argues that citizens in free association should be allowed any activity that does not hurt others. Marc Emery said: If you don’t have autonomy, you’re not a human being.

No one insisted that the opposition reply. That isn’t good enough.

I caught up with Marc Emery the next day. He’d been hired through a speaker’s bureau, and up until the week before, had expected to be the sole speaker. The panel was a last minute addition,

the student society’s doing. He had, he said, new ideas to share.

I guess we’ll have to hear those some other time. On Wednesday he was too busy deflecting the missiles. He noted too that cannabis opponents who show up for debates are almost always ex-addicts. There’s an interesting piece Choose a moderator with lots of information. Maybe there is no of experience and extensive, in- such thing as a rational opponent depth knowledge of the subject. to legalization.

He or she will be the key to your success.

Actually, that’s not quite true.

There is a ‘no’ position that is amenable to debate. Some activists oppose legalization because they want a purer form of freedom—an absence of all regulation. I can’t agree. There are snarly characters out there I would rather see kept

think he’s really looking for a better plan. As I saw it, the UVIC audience was sympathetic, and an attendance of 200 isn’t bad; it was the lack of structure wrecked this event.

Thus, alas, ends the story of the little discussion that wasn’t.

Here is the accompanying lesson. Imagine a room with homeless people on one side, and wellpaid bank managers on the other.

What sort of discussion do you imagine they could they have?

Subtle? If you want nuance in discourse, choose discussants that are close in their opinions. The closer, the subtler. The subtler, the better at enhancing understanding. And don’t allow questions from the audience to dominate an evening. The questions will come from all over the map. For good discussion you need to stay on a topic for a while.

I left the auditorium that evening especially regretful that we didn’t get to hear more from John Anderson. He’s a good speaker and is well informed. He favours regulation, an opinion I share. I bet, given a chance, he would have Marc felt that the event was a had interesting things to say on waste of his time. He thought it what regulations would work, and was poorly advertised. It was also how best to implement them. We poorly located: on a dark and rainy never got a chance to get into that. winter’s evening, it was an hour’s But he is quiet, and that night you bus-ride from downtown Victoria. had to be pushy to be heard. The In the future he plans to organize next time the Fishing, Foraghis own events. He says he’s look- ing, Fancy Needlework, Friending for a more sympathetic audi- ship and Fine Cannabis Society ence, people with whom he can (FFFFF) hosts its annual dinner, share some recent thoughts. I I think we should invite him. on a leash. But I am sympathetic to the utopian impulse, and it’s worth debating. There’s nothing like a good discussion on human nature.

Issue Number 44

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Cold Eastern Front Patients Fighting Back Against Police State

Debbie Stultz-Giffin aritimers Unite for Medical Marijuana Society (MUMM) is outraged over the escalating trend of law enforcement in Nova Scotia to lay charges under the Controlled Drugs and Substances Act against medical cannabis patients for growing and possessing their medicine.

The CSI program was spearheaded by MUMM co-founder and vice-chair, the late John Cook, roughly twelve years ago.

It offers hope and assistance to patients being charged for trying to meet their medical cannabis needs. It provides, where possible, volunteers to attend legal appointments with patients, offer emotional support, attend court dates and act as lay witnesses during trials. It also assists patients with finding the necessary medical support and issuing press releases as needed.

(Debbie Stultz Giff in and Bob Dillman)

Prosecutor Bronwyn Duffy said she thought Matheson “was a good candidate for a hefty fine”, and yet, in MacDonald’s case Duffy was seeking a “message of denunciation and deterrence”.

MacDonald is unable to work due to his chronic health condithat patients kept their cannabis successfully obtained a new auin one bag and one bag only. At thorization for his medical can- tion, while Matheson holds down a full time job.

30, 25 and 12 grams a day respec- nabis several months later. tively, needing scales to abide by MacDonald has a current mediour physicians’ daily recommenAn appeal of MacDonald’s cal exemption recognized by the dation and storing our cannabis in sentence is expected to be heard a variety of containers, in varying in chambers at the Nova Scotia federal government. Matheson amounts, we quite soundly were Court of Appeal this Septem- says he “never thought to apply able to interject some sober sec- ber. Other patients in Nova Sco- for a medical marijuana certifiond thoughts about the evidence tia dealing with Health Canada’s cate”. as presented by the prosecutor. bumbling bureaucracy have reOn February 2, 2015, Atwood ceived discharges for similar levied a $1500 fine on Matheson, Crossley received eight months charges, under very similar cirand yet MacDonald was sent to probation. Not the best possible cumstances. prison for 60 days. Where is the outcome, but a far cry from six months incarceration. Of imporThere are some other interest- justice? tant note is that his lawyer was ing facts to ponder in MacDonWhile MacDonald was an inRob Sutherland, who had accept- ald’s case. He was assigned Rob ed Crosley’s legal aide certificate Sutherland as his lawyer. Al- mate at Central Nova Correctionto fight the case. though Sutherland accepts legal al Facility in Burnside, he was deaide certificates, he allegedly in- nied access to ativan and medical James MacDonald, a 36 year formed MacDonald that he would cannabis, both legally prescribed, old Stellarton man dealing with receive representation ONLY by making it impossible for him to debilitating Crohn’s disease, was pleading guilty. Crossley wasn’t undergo his monthly remicade sentenced to 60 days by Justice expected to cop a plea like Mac- treatment for his Crohn’s.

Del Atwood, Pictou Provincial Donald just one year previous.

On March 4th, 2015, Halifax Court, January 8th, 2015, on a City Police and the Integrated Street Crime Unit, charged medical cannabis patient Bob Dillman, and his wife, with possession and production of cannabis.

To illustrate the impact of our lay witnesses, and to illuminate one of many inconsistencies that exist within the Nove Scotia legal system, I will share the experiences of Mark Crossley. With less than 24 hours to act, three of our lay witness volunteers were able to come to his defense, preventing a mandatory six month sentence for intent to traffic. We were able to assist with combating RCMP “expert” witness testimony to cast serious doubt about the charges, and have them at least down graded to possession. marijuana production conviction.

Marcel Gignac, Terry Wood and myself dispelled RCMP claims about medical cannabis patients and their tendencies. Crown witnesses alleged that the average patient consumed three grams per day, did not use scales to determine their daily requirement and

with the same judge and prosecutor, just one month later.

Patient, Paul Matheson, was arrested in March, and again in August, 2014, for cultivating a larger amount of cannabis than MacDonald, by the Pictou County Integrated Street Crime Unit. Like MacDonald, Matheson plead guilty.

M

The Medical Marijuana Purposes Regulations (MMPR) implemented last spring endeavoured to cancel the home gardens of all patients. Then the British Columbia Federal Court Allard injunction in March 2014 allowed some patients to keep their gardens, while forcing others to purchase from corporations. In addition, the enactment of Bill C-10 imposed mandatory six month sentences for cultivating as few as six cannabis plants. All of this has culminated in what some might call a perfect storm, causing a flood of medical cannabis patients to turn to MUMM’s Court Support Initiative (CSI) program for assistance.

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Caught in a void between Health Canada medical marijuana exemption approvals, MacDonald was arrested in February, 2014, when the Pictou County Integrated Street Crime Unit executed a warrant to search his Stellarton home. MacDonald

A former corrections officer and director of the Medical Cannabis Patients Alliance of Canada, Dillman consumes cannabis to aide with symptoms of an environmental disorder. This disorder prevents him from consuming pharmaceuticals - the results would be disastrous to his health.

Dillman’s last federal exemption is dated February 2014. With the previous program winding down he was unable to renew his paperwork through Health Canada MacDonald was led to believe before it expired. that he would only be facing a An email from Justice Minister possession charge. Unable to reach Sutherland the month prior Fred Sandford to Dillman dated to court, he felt side-swiped when April 9, 2014, in response to Dillhe arrived in court to learn of the man’s inquiry about his ‘legal’ status, reassured him that, “A recent potential of a 60 day sentence. court decision in British ColumOf further interest is what bia has resulted in a stay in the transpired in the very same court, revised regulations, so there will

Cannabis Digest • Spring 2015 not be enforcement conducted at force and effect), was also charged this time.” for possession of his medicine.

Like Dillman, he is unable to afLike many patients living on low, ford the corporate cannabis prices fixed income, Dillman is unable to and was forced to the Black Marafford the corporate scheme es- ket to obtain his medicine. tablished by Health Canada.

This is but the tip of the iceIronically this raid was orches- berg with cannabis charges in trated in the middle of the Allard Nova Scotia involving medical hearing in Vancouver, and we were patients. To keep fully informed able to call the press conference as cases grind their way through two days before the culmination the judicial system, and to follow of the trial breaking the story from MUMM’s CSI program in action coast-to-coast. look for MUMM’s Court Support on Facebook. If you are a patient MUMM held a press confer- in need of assistance please email ence, in conjunction with Dillman, chair@mumm.ca and we will gladMarch 11 at Farm Assists, Hali- ly do what we can to assist. Likefax. Sadly, the stress resulting from wise if you would like to become a police actions left his wife too ill CSI volunteer and help patients as to attend. they navigate the system.

The story was picked up by The United we can make a differCanadian Press, and various local ence! No one should face time for news networks, and was aired and/ a victimless crime, when both the or appeared from coast-to-coast.

MMPR and the Medical Marijuana Access Regulations are in On April 7th CSI volunteers direct violation of our Charter of will be marching from Farm As- Rights and Freedoms. sists to Halifax City Police HQ as Dillman and his wife go for fingerprinting, the day before their Debbie Stultz-Giffin, first court appearance.

Chair, MUMM The same day that the Dillmans were charged, a patient who had finally gained physician approval (after the MMPR came into full

www.mumm.ca

Issue Number 44

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Cannabis Digest • Spring 2015

Updates, Warnings and Suggestions

Ted Smith

I

t has been a busy winter preparing for the Supreme Court of Canada trial and there is much relief that it is over.

At least the hard work is over and now we are preparing to celebrate when the decision comes down.

Owen Smith has gone from our head baker to a Canadian hero.

We will be given a few days notice that the decision is coming so we can prepare. Lawyer Kirk Tousaw will actually fly back to Ottawa, where he will be locked in a room with crown attorneys for an hour to read the decision before it is made public. Back on the island there will be a press conference at the club in the morning it is released followed by an afterparty at Gayle’s property in Cobble Hill.

A larger final public celebration will be held in Victoria soon after Kirk arrives home so everyone can gather one last time.

have since 2002, and I gave a brief presentation to city council earlier in the month updating the trial and thanking them for the proclamation.

fall and it means a lot to me that the gatherings still happen. We have organized weekly 420 circles for 16 years and it is has become a tradition of the students to attend. Hopefully this fall I will be

forget to wear a pot costume so you can win a bong!

Hope everyone else has an awesome 420, wherever in the world you are.

The next big event after that is Cannabis Day, otherwise known as Canada Day by conservatives.

Every year we hot-box the front steps of the Victoria courthouse at 4:20 pm and then play our gameshow, REACH FOR THE POT. It is a very festive occasion and the only requirement is that you do not bring alcohol.

(Gayle Quin and Ted Smith)

One of the biggest changes at the VCBC lately has been the introduction of extracts like “shatter” made by the Beard Bros. and other high-quality extract producers.

There were several legal and medical reasons we would not provide these products before but it seems the time is right to make these options available to our members.

Since this is new to many, please Leading up the hearing was a very feel free to ask the staff to spend busy time as Tuesday March 17 some extra time with you explainwas International Medical Mari- ing how best to use these extracts. juana Day. We held our annual silent art auction at the Victo- A big thanks to the group of ria Cannabis Buyers Club raising board members and volunteers around $800 for the court case. who have been helping keep the Of course, the city of Victoria de- 420 circles at UVic going without clared March 17 as International me. I have not been able to attend Medical Marijuana Day, as they since Gayle’s back collapsed last

able to make some of the 420s, as we are lacking a good speaker to fill my shoes and the meetings at the beginning of the year are huge.

If anyone wants to help speak at these 420s, please let us know.

We will also need a lot of help on April 20 at the annual celebrations at City Hall. Last year a kid actually lit a palm tree on fire, so we want to be prepared as much as possible for more antics. There is a number of volunteers ready to coordinate security, so if you want to help please come to the main booth and we will direct you. It is very important to us that our group act responsibly. Finally, we really need help cleaning up after the party, as we always leave Centennial Square cleaner than when the day starts. Oh yeah, do not

On a personal note, despite being sent home to die last fall, my love Gayle Quin has been doing everything possible to fight the cancer that is eating away at her bones. She has been consuming a lot of cannabis oils, hash and concentrates, all of which is being donated by either the VCBC or other friends. We are so very, very grateful for all of the support. I am sure she would be dead without all of the cannabis our friends have given her the last few months.

Gayle Quin is very honored and touched to be mentioned on the front cover of the Skunk magazine dedicated to the women of cannabis. It was tough writing the article, as she was very close to death at the time. She has infected so many people with her passion and zest for life.

Issue Number 44

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Pot and Green Politics Uneasy Bedfellows

amendments. All agreed that the status quo was ineffective.

In June 1970, the Commission of Inquiry into the Non-Medical Use of Drugs delivered its interim report, calling for the decriminalization of all drugs. Analysts called it

ly; some with pleasure, and others with trepidation. I remember driving around to police stations throughout downtown Toronto with my friend Brendan, to announce the imminent cessation of hostilities in the War on Drugs.

John Percy

T

hose who have known me for many years are aware that I have consistently advocated for major reforms to Canada’s drug laws.

The current perception of drug users as faceless criminals needs to shift to include neighbours, coworkers, and family members. As patients, individuals require access to cannabis for legitimate medicinal purposes and/or compassionate health care. As recreational users, many simply want their sense of personal responsibility respected, much like those who partake in the socially accepted drug…alcohol.

Over forty-five years ago, the Liberal Government of Pierre Trudeau commissioned Gerald LeDain to scientifically research existing drug laws for possible changes and

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inal Code and into the Food and Drug Act. Justice Minister John Turner was blindsided by this announcement, and became apoplectic, calling it, among other things, political suicide.

And once again, politics reared its ugly head and drowned out LeDain’s recommendations about drug education and “wise, informed freedom of choice.” The Liberal government ignored the LeDain commission’s report. There are no votes here.

Most of those involved in commissioning or writing the report are long dead. Pierre Trudeau’s son, Justin Trudeau, was not even born (along with many who are reading this). If the wheels of justice grind slowly, the wheels of government outright refuse to get into gear.

“one of the most politically-explosive documents ever put before the government.”

Many in the country inhaled deep-

Liberal Health Minister John Munro announced that his government would immediately look into moving marijuana out of the Crim-

Trudeau the Younger is now calling for the legalization of marijuana.

Within hours of his announcement that he favours legalization (much to the dismay of many in his own party), the current Harper government rummaged about in the basement and dragged out the talking bogeyman doll from the thirties: “These drugs are illegal because of the harmful effect they have on users and on society. We will continue

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protecting the interests of families across this country. Our government has no interest in seeing marijuana legalized or made more easily available to youth.”

Yes indeed: “think of the children”.

Please. But also think about mandatory minimum sentences handed down to them, thanks to changes in the law brought in by the so-called protectors of the children and families. Say what you will about their attitude - at least we know where they stand.

Defending such a stance requires that the government judiciously ignore decades of peer-reviewed scientific studies, economic analyses, and sociological studies that demonstrate a lack of harmful effects.

This is, of course, business as usual for the Harper Government (TM Reg’d) when their personal ideology is threatened.

We know where the Conservative Party of Canada stands today (welcome to the 1930s). We know where the Leader of the Liberal Party stands (welcome to the 1970s). The NDP say yes; their Leader first says no, then maybe, and then yes only to decriminalization. Canadians are as confused about the stance of the politicians as the politicians are. As the winds change direction, so too do the political positions.

The Green Party of Canada has consistently advocated positively for drug law reform, especially for the full legalization of marijuana.

All of this is moot at the moment.

The party of No is in power. The parties of Yes and Maybe are in Opposition. The real question worth asking is: If a party of Yes comes to power in the next election, will these changes come to fruition? Or will we be subjected to yet another multi-year study in which the recommendations are quietly ignored?

Will it be an election platform issue, or will it be buried in the someday in the future file?

The Green Party of Canada policy clearly states the following:

Cannabis Digest • Spring 2015 offences.

Green Party MPs will: ≈ Legalize marijuana by removing marijuana from the controlled drug schedule;

cases was also increasing, even though the number was decreasing in neighboring France, Spain, and Italy. Research indicates a decline in drug-related disease in Portugal after decriminalization. Incidences of HIV and AIDS among drug users declined substantially.

“Create a regulatory framework for the safe production of marijuana by small, independent growers”

entific knowledge, while ‘Participation’ calls for the involvement of the community in drug policy definition and implementation.”

This strategy also puts forward a set of 13 strategic options to guide public action in the drugs field: reinforce international cooperation; decriminalise drug use; focus on primary prevention; assure access to treatment; extend harm reduction interventions; promote social reintegration; develop treatment and harm reduction in prisons; develop treatment as an alternative to prison; increase research and training; develop evaluation methodologies; simplify interdepartmental coordination; reinforce the fight against drug trafficking and money laundering; and double public investment in the drugs field.

Why not examine the Portuguese model and consider adopting some of their principles? Full legalization of cannabis, as proposed by ≈ Create a regulatory framework Green Party policy, will eliminate for the safe production of marijua- The number of tracked cases of the need for all Health Canada regna by small, independent growers; Hepatitis C and B in treatment ulations and interference concerncenters also declined, despite the ing medicinal cannabis. In addi≈ Develop a taxation rate for mari- fact that many more drug users tion, the nebulous ethical and legal juana similar to that of tobacco; sought treatment after decriminal- implications impeding the medical ization. Drug-related mortality in profession will be removed, and ≈ Establish the sale of marijuana to Portugal has also declined since de- law enforcement resources can be adults for medicinal or personal use criminalization. During the 1990s, re-directed to areas where they are through licensed distribution out- the number of drug-related deaths crucially needed. lets; multiplied tenfold. Between 1999 and 2003, however, there was a sig- Forty-five years is a long time to ≈ Educate the public about the nificant drop in drug-related deaths wait for someone with political health threats of marijuana, tobac- throughout the country. Drug poli- backbone to step up and act in the co, and other drug use; cy experts credit this decline to the best interest of all citizens, and not increasing number of heroin users just in the narrow interests of a ≈ Launch a public consultation who entered substitution treatment party’s electability or a leader’s peron the decriminalization of illicit programs after decriminalization. sonal ideology. drugs, considering the current high Portugal’s National Drug Concosts of the law enforcement effort; trol Strategy states, “This strategy It truly is time to move into the specifies eight principles, which twenty-first century. ≈ Provide increased funding to safe embody a set of values that should injection sites, treatment facilities, guide interventions in this area. and addict rehabilitation.”

‘Humanism’, for example, is the John Percy is the Leader of the Green recognition of the inalienable hu- Party of Nova Scotia and the Veterhttps://www.greenparty.ca/en/pol- man dignity of citizens, including ans Affairs Critic in the Green Party icy/vision-green/people/drugs drug users, and translates into a of Canada Shadow Cabinet. He sits commitment to offer a wide range as a member of the Board of MariThis policy falls in line with the of services to those in need and to timers Unite for Medical MarijuaPortuguese model initiated in adopt a legal framework that causes na (MUMM), a Nova Scotia based 2000, where the traditional pro- no harm to them. ‘Pragmatism’ calls non-prof it patient advocacy organihibition approach to the “War on for the adoption of solutions and zation.

Drugs” failed miserably, as it has interventions that are based on sciin all other countries. Decriminalization has taken some pressure off the Portuguese criminal justice system. In 2000, approximately 14,000 people were arrested for drug-related crimes in Portugal.

After decriminalization, this number dropped to an average of 5,000 to 5,500 people per year. During this time, the number of people cited for administrative drug use offenses remained constant at about 6,000 per year.

“Between 2008 and 2011, according to the Department of Justice, Canada spent $311 million targeting illicit drugs, with a majority of that money going to law enforcement. Most of that was for the ‘war’ against cannabis (marijuana). Marijuana prohibition is also prohibitively costly in other ways; it criminalizes youth, fosters organized crime, and puts unbearable pressure on our judicial system. Cannabis prohibition, which has gone on for decades, has utterly failed and has not led to reduced drug use Therefore, there has not been a in Canada. great surge in contact between drug offenders and the Portuguese After analyzing the recommenda- police after decriminalization. Not tion of the Canadian Senate’s 2002 surprisingly, this is exactly what the Special Committee on Drugs and LeDain Commission predicted 45 the examples of strategies used years ago in Canada. by some European countries, the In 1999, a few years prior to deGreen Party of Canada has come criminalization, Portugal had the to the conclusion that it is time to highest number of drug-related legalize the adult use of marijuana. AIDS cases in the European Union Furthermore, the Greens believe and the second highest prevalence that addictions should be treated of HIV among drug-infected users. as a health problem, not as criminal The number of drug-related AIDS

Issue Number 44

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The Herb of Life

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An Epic Cannabis Medicine Fantasy Adventure

While challenging the Canadian Cannabis laws to legalize extracts for medical patients, Owen has written his experience into an action packed fantasy adventure. Not satisfied with making history by bringing the first ever medical cannabis case to the Supreme Court of Canada, Owen seeks to create a new mythology where cannabis is re-instated as a sacred spiritual ally.

of the plants and although they would remain a secret, for a promise was made and they intended to keep it, they wanted to teach and to share their seeds and help people grow to fulfill their own needs.

by Owen Smith

So they agreed that this law needed to fall, for the seeds and the leaves were for the healing of all and they thought up a plan to rise in defiance, by searching the Hillsides, and finding the Giants.

but it’d been so long since this plant was outlawed that neighbors now turned each other in for a reward,

Read the 1st of this 13 chapter story in the Winter Edition and to avoid being punished there was fear and isolation and disease spread throughout the nation.

43 of the Cannabis Digest or at CannabisDigest.ca

Chapter 2

B

ut as the two grew they learned this plant was illegal by royal decree, it was kept from the people and though most folk thought naught from earth could be evil and were sure that the work of the priests was the real cause of these laws, soon most forgot, as age filled the graves and babes filled the cots, that a plant which the people had taken for granted was banned from their lands and had now been enchanted, for if anyone planted or dared to avail of its ten thousands uses, they would end up in jail.

The elder brother cried, “Arrest the Hillside!” then his brother said, “The River does aid and abet!

Better detain the Sun!” and then the elder one said, “jail the Wind for trafficking! put a bounty on its head!” the two sons cried in righteous disbelief but as great was their pride, sooner greater was their grief, as their Grandma was old and soon lay dying, but smiling, she told them of the Hill Giants, and a prophecy that was to be fulfilled by the King’s seventh son, as the Gods willed But the priestly guild were sure to defend what they’d built until the bitter end And so she said, “if you remember just one thing” it’s that, “the Giants are not close friends of the King as they too loved this herb that now is illegal and used to make their living growing it for the people” After she passed, the young men made an oath to maintain her craft, ensuring the growth

(The complete book is scheduled for release in 2015 Stay Tuned to CannabisDigest.ca for info.)

Cannabis Digest â&#x20AC;˘ Spring 2015

Issue Number 44

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Teaching Cannabis Medicine in Canada Interviews with Dr. David Hepburn and Dr. Robert Sealey Judith Stamps n every five years of their proI fessional lives, family physicians and specialists in Canada

must complete 250 credit hours of Continuing Medical Education (CME.) To fulfill this requirement they trudge off regularly to lectures, study sessions, and educational conferences. In 2013 it became more likely that they could gain such credits in Canada by attending lectures on medical cannabis. That’s the year that family physicians Dr. David Hepburn and Dr. Robert Sealey of Victoria BC, joined a handful of Canadian doctors—maybe five—accredited to teach the subject.

In Canada authority to teach credit classes is granted by the College of Family Physicians (CFP), under the auspices of the Canadian Medical Association. In 2012, Hepburn and Sealey applied. They sent the College the text, references and accompanying slides for their proposed lectures, and a letter of endorsement from Dr. Pam Squire, a Vancouver pain specialist already accredited. The process was tedious. They communicated with the CFP on and off for about six months, fielding requests for ‘further’ information. It was also capricious. After the doctors got their ‘Okay,’ a gate shut: there is now a moratorium on granting Canadian doctors the right to educate their colleagues on medical marijuana.

family physicians and specialists come to hear them on medical cannabis, they are treated to something more serious. For this topic Hepburn and Sealey avoid the standard puns and jokes, and try rather to set a thought provoking tone for the information they have to offer. In response, Doctors new to the subject have listened, and seem to want to learn enough at least to talk sensibly to patients.

Predictably, doctors arrive at classes with the standard concern: where is the research? Hepburn and Sealey describe some of the well-done, peer-reviewed studies on cannabis in the treatment of multiple sclerosis, chronic pain, fibromyalgia, and other illnesses.

They then explain why these are not the double blind studies doctors are used to seeing. A whole plant medicine, as Hepburn puts it to them, lacks the toxicity of refined pharmaceuticals. And cannabis has never caused a death. It makes no sense thus to hold it to pharmaceutical research standards.

Sealey points out too that no one is likely any time soon to bankroll double blind studies.

A second concern is THC, which doctors have heard is intoxicating. Some of this concern is allayed when Hepburn and Sealey discuss cannabinoid profiles, how these vary among strains, and how it is possible to hone a desired balance by producing edibles, oils, capsules, and salves. The subject is better understood still when they discuss the entourage effect, the tempering of individual cannabinoid effects through the way they Having slipped under the wire, interact with other cannabinoids and finding themselves members in the plant. of an unintentional elite smaller than the bridge crew on the first Yet another concern is access and Starship Enterprise, Hepburn and dosage. In this matter Drs. HepSealey proceeded to teach. They are burn and Sealey are courageously now regularly invited to lecture at open-minded. They are happy to doctors’ Journal Clubs and Health send patients to local dispensaries, Authorities across the province the only places where the derivaand beyond. In March 2013 Dr. tive medicines—edibles, capsules Hepburn spoke at Hempology and salves—can be found. They 101’s UVIC Cannabis Conven- urge their colleagues to trust the tion. Their short course covers the expertise of dispensary staff, and history of cannabis and its prohibi- to allow patients to self titrate, tion, the endocannabinoid system, to choose a medication level that the state of the current research, suits them. Sealy likes to point the conditions that cannabis can to a study conducted in a Toronto treat, and a description of doctors’ hospital in the 1970s, where volunoptions in prescribing. They have teers were asked over several weeks thus far addressed around 200 to smoke ever-increasing numbers doctors. Response is positive but of joints. At some point they becautious. Newcomers are seldom came uncomfortable, and all quit. willing to try prescribing; they’re There is no need, in other words, more likely to refer patients to to panic about overdoses. The Hepburn and Sealy. doctors’ motto is: “start low and go slow.” Patients who prefer to go But the lectures have an impact. to Licensed Producers are urged to Hepburn and Sealy are known for use vapourizers, and to find recipes their lighthearted, comedic ap- online. proach to medicine on Wisequacks, a weekly radio program heard on Hepburn and Sealey’s special inSundays across the US and Can- terest in cannabis medicine dates ada. Hepburn is also the author from 2001, following Health Canof The Doctor is In(sane), a comic ada’s introduction of the Medical romp though the requirements for Marihuana Access Regulations. a long and healthy life. But when In that year both began increas-

ingly to hear patients telling them about their experiences with the plant. They helped a few patients with the tedious paper work required in those days for legal access. Both doctors emphasize that to date, education for doctors on this topic has come largely from patients. Patients bring studies and other research to show doctors, and demonstrate concretely that cannabis can alleviate their symptoms.

Sealey remembers an early patient who had become ill from the opiates she had been prescribed to treat chronic pain. She had been on disability. When she switched to cannabis, she surprised Sealey by weaning herself off the opiates, and even more by returning to work. He calls such an outcome rare. Perhaps, but just as rare are the doctors who listen.

Currently about 16% of BC doctors are willing to prescribe cannabis. Elsewhere in Canada the percentage is smaller. This status should surprise no one. Doctors work in a contradictory, cannabishostile climate. Health Canada dismisses the plant, provides access only because the courts have ordered it, and as of 2013, places the burden for prescribing it on doctors. Naturally it offers no educational support. The Canadian Medical Association doesn’t do much better. This vacuum leaves patients educating themselves and their doctors, a few doctors educating themselves and their peers, and dispensaries educating us all.

So to supplement their learning, Hepburn and Sealey have read widely. Hepburn has especially been influenced by Martin A. Lee’s book, Smoke Signals, and Sealey, by the collection of essays in Julie Holland’s, The Pot Book.

Hepburn is currently working on a written curriculum to complement his talks.

Most doctors, says Sealy, have learned to be comfortable in the expert’s chair; they have difficulty listening to patients on matters they themselves do not understand. For this reason and others noted earlier, they have avoided the subject of cannabis. It is not unusual for a Victoria doctor to know nothing about the town’s medical marijuana dispensaries.

We have to wonder what makes the difference, then, between doctors who hear their patients and educate themselves on this topic, and those who stay in the safety zone. One element may be a modest assessment of standard western medicine. Hepburn and Sealey are comfortable with naturopaths and other alternative practitioners.

They have also had contact with other cultures. Both have visited medical practitioners in non-western parts of the world, and have done some thinking about plant medicines. And then there’s the quintessence, I think: they seem

blessed with a large supply of curiosity. Hepburn loves the science, and Sealey is pleased to be on the cusp of large historic changes.

They’re adventurers.

That said, they are also culturally conservative. Neither doctor favours legalization. Hepburn wants to stick to teaching medicinal use.

Sealey seems to feel much the same. Neither cares for cannabis culture. Hepburn identifies it with popular images like those of Cheech and Chong or of Rastafari styles. Doctors, he says, have no desire to join such a culture. He would personally like to see dispensaries adopt a plainer, more clinical appearance. Sealey is inclined, especially for psychological complaints, to exhaust other treatments before turning to cannabis.

It has to be said, thus, that between the cultures of Tribe Cannabis and Tribe Sympathetic Docs, there is to date no crossable bridge.

Yet Hepburn and Sealey are well aware of the history of marijuana prohibition, and are critical of it. A popular Zen saying states: Wherever you are, there you are.

For right now, this year and this month, this cultural divide is where we are. Hepburn has noted that in Canada, doctors’ attitudes are currently the biggest barrier to medical marijuana. He and Sealey have set out to tackle this barrier. Given how few accredited educators there are in Canada, theirs might be a slow battle If, in this task, a legalization-unfriendly stance is helpful, so be it; their work is crucial.

Meanwhile as barriers come down, such attitudes may relax. It is reasonable to hope that calmer times will set the foundation for a common cultural language. Then again, it is reasonable to expect that when that time comes, not everyone will care to learn it. In the Zen spirit, it is best that we embrace this divide and meditate on it, if only because denial and other forms of intolerance have never worked.

Next best is to set our sights on laws that will support a cannabis culture as yet far too little understood, and way too important to ignore. I say: let’s love the good doctors, and then let’s legalize.

Cannabis Digest â&#x20AC;˘ Spring 2015

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CANNABIS EXTRACTS

HEMPOLOGY 101 CROSSWORD Issue Number 44

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Cannabis Digest • Spring 2015

CANNABIS CLUBS ACROSS CANADA

Cannabis dispensaries in Canada, due to a lack of regulation, all operate under unique and individual mandates. As such, the membership requirements of each dispensary differ. We recommend travelling with a copy of your original proof of condition (doctor’s note) which the VCBC staff will be happy to provide to its’ members. It is also recommended to research the dispensaries in the region you will be visiting and try to establish contact, if possible, before your visit. Please be discreet and polite when contacting another dispensary—you are representing the VCBC too!

Keep in mind: Some dispensaries have problems with supply and accessibility. The VCBC cannot guarantee that another dispensary will have supply or accept your card as proof of condition. Please help grow this network and support your local clubs by encouraging quality gardeners to direct their product to local dispensaries, or by growing yourself.

British Columbia VICTORIA CANNABIS BUYERS’ CLUB (VCBC) 826 Johnson St., Victoria Tel: 250-381-4220 Email: hempo101@gmail.com www.v-cbc.ca NORTH ISLAND COMPASSION CLUB Tel:250-871-5207 OCEAN GROWN MEDICINAL SOCIETY 1725 Cook St Unit 1, Victoria Tel: 778-265-1009 VANCOUVER ISLAND COMPASSION SOCIETY 853 Cormorant St., Victoria Tel:250-381-8427 Fax: 250-381-8423 NANAIMO MEDICAL CARE CLUB 14 Lois Lane, Nanaimo Tel: (778) 441-0141 nanaimomedicalcareclub.com BC COMPASSION CLUB SOCIETY 2995 Commercial Drive, Vancouver Tel:604-875-0448 Fax: 604-875-6083 website: www.thecompassionclub.org GREEN CROSS SOCIETY OF B.C. 2127 Kingsway, Vancouver Tel: 778-785-0370 Fax:778-785-0477 www.greencrossofbc.org VANCOUVER MEDICINAL CANNABIS DISPENSARY 880 East Hastings St. Tel: 604-255-1844 Fax: 604-255-1845 West End location: 1182 Thurlow St. www.cannabisdispensary.ca YALETOWN MEDICAL DISPENSARY 1281 Howe St., Vancouver TEL: (604) 566-9051 FAX: (604) 558-2879 www.yaletownmedicaldispensary.com VAN CITY MEDICINAL SOCIETY 1594 Kingsway, Vancouver Tel: (604) 875-0002 Email: vcmsofficial@gmail.com T.A.G.G.S 11696 - 224th St., Maple Ridge, BC Tel: 604-477-0557 Fax: 604-477-0575 Email: taggs420@live.com

PHOENIX PAIN MANAGEMENT SOCIETY 321 Wallace St, Nanaimo 778-441-2661 MED POT NOW SOCIETY 4170 Fraser St. , Vancouver Tel: (604) 569-2119 www.medpotnow.com THE HEALING TREE 529 East Hastings St., Vancouver Tel: 604-569-1091 www.hdcvan.ca REDMED 231 Abbott St., Vancouver Tel: 604-559-9444 CANNA CLINIC 758 East Broadway, Vancouver Tel: 604-558-2454 PACIFIC CANNAMED SOCIETY 1259 Kingsway, Vancouver Tel: 604-558-3225 8546 Granville St., Vancouver, BC Tel: 604-563-3250 NELSON COMPASSION CLUB #203-602 Josephine St. Nelsom, BC Tel: 250-354-4206 Email: nelsoncompassion@yahoo.ca

GRASSROOTS BOTANICALS WELLNESS COOPERATIVE 4730 Willingdon ave, Powell River Tel: 604-485-6636 Fax: 604-485-2458 www.grassrootscannabisdispensary.com KOOTENAYS MEDICINE TREE #4 1948 68 Avenue, Grand Forks 250-442-8248

www.kootenaysmedicinetree.ca Alberta M.A.C.R.O.S. 4121-118 Avenue NW, Edmonton, Alberta Tel: 780-457-6824 Website: www.macros.ca

Ontario C.A.L.M. Toronto, Ontario Tel: 416-367-3459 Fax: 416-367-4679 Website: www.cannabisclub.ca TORONTO COMPASSION CENTRE Tel: 416-668-6337 Fax: 416-461-7116 www.torontocompassioncentre.org

BE KIND OKANAGAN GROWERS AND COMPASSION CLUB. 288 Hwy. #33 West Rutland, BC (Kelowna) Tel: 778-753-5959 Fax: 778-753-5755 Vernon Location: www.okanagancompassionclub.com

RAINBOW MEDICAL CANNABIS CANADA Toronto, Ontario Tel: 416-927-8639 www.rainbowmedicinalcannabis.ca

WESTCOAST MEDICANN 2931 Cambie St., Vancouver, BC. Tel: 604-558-2266 www.westcoastmedicann.com

MEDICAL COMPASSION CLINIC 66 Wellesley St E 2nd Fl, Toronto Ontario Tel: 647-291-0420 www.medicalcompassionclinic.com

PAIN MANAGEMNT SOCIETY 2137 Commercial Drive. Vancouver Tel: 604-215-4551 Fax: 1-888-684-6906 www.painmanagementsociety.org

Maritimes

EDEN MEDICINAL SOCIETY 161 E. PENDER, Vancouver Tel: 604-568-9337 637 E. HASTINGS, Vancouver Tel: 604-568-9337 www.myeden.ca

THCC—FARM ASSISTS Tel: (902) 495-0420 http://thccsociety.wix.com/home *To add your club to this list, please contact: editor@cannabisdigest.ca

Issue Number 44

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