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Medical marijuana user takes Ottawa, province, and College of Physicians to court
By Hempology | September 3, 2002
From the Saanich News, August 28, 2002
By Vern Faulkner
Eric Young Has Taken His Battle To Secure Medicinal Marijuana To The
Supreme Court Of BC
Saanich man deprived of his rights, charges lawyer
A Saanich man is taking two levels of government and the College of
Physicians and Surgeons to court in order to secure his right to
consume marijuana.
Eric Young suffers from multiple sclerosis, and is one of about 800
people across the country legally allowed to possess and consume
marijuana to help manage his condition.
Changes to federal regulations state that Young must obtain a
prescription from a designated specialist in order to legally obtain
and use marijuana.
Yet the College of Physicians and Surgeons has issued a directive that
Young and his lawyer, Lloyd Duhaime, interpret as nothing less than an
order to its members mandating them not to prescribe the material.
The directive, Duhaime says, deprives Young of his rights — as granted
under the Charter of Rights and Freedoms, and they have lodged a
petition to the Supreme Court of B.C.? naming the college, and both the
federal and provincial governments as respondents.
The intent, says Duhaime, is to secure Young the right to utilize an
effective drug proven to provide relief, and should be given the same
right to obtain medication as patients with other permanent conditions.
“He’s about to lose his medication, because the government has made it
impossible — and I’m not exaggerating — to get,” says Duhaime.
Federal legislation indicates only a designated specialist can issue a
prescription for marijuana, but Duhaime says the college has not
designated any physician with that power.
“They’ve gone one step further — they’ve written all their specialists
and told them not to issue any prescriptions,” Duhaime claims.
The official position statement of the college states that “Physicians
are advised that they should not prescribe any drug for their patients
without knowing the risks, benefits, potential complications and drug
interactions….” and further states that physicians could be
considered liable for side-effects encountered if the drug has not
passed the same tests required of other pharmaceuticals.
Dr. Morris VanAndel, registrar for the college, says that if
physicians are ordered to treat marijuana as a prescription drug, it
would be wise for doctors to wait until marijuana undergoes the same
battery of tests other drugs must pass to be declared safe for
prescription.
VanAndel says the College’s main concern is that physicians will be
deluged with requests to prescribe marijuana to those who don’t have a
legitimate need.
“The flaw in this whole argument is that the federal government has
made the gatekeepers for medical marijuana,” VanAndel declares.
VanAndel says Young isn’t being prevented from achieving his goals. “I
don’t see that in our position,” VanAndel asserts.
However, VanAndel skirts around the fact that physicians will likely
not have experience prescribing marijuana, as they have not been
allowed to — until now.
The college position statement adds that there are very few published
studies available on the benefits of marijuana in its smoked form.? Yet
numerous studies in medical journals dating back to 1989 outline the
benefits multiple sclerosis patients gain from smoking marijuana while
indicating side effects similar to — or less serious than — other
prescription medications used to control the disorder.
The college’s main concern lies with claims that marijuana assists in
pain relief, VanAndel concedes.
“There’s nothing that says that (a physician) who has experience with
MS, and with prescribing marijuana, could not prescribe it,” says
VanAndel.
“Those who prescribe it should be knowledgeable in that area,” he
reiterates.
But Duhaime says that the college isn’t being flexible, and by its
actions is preventing Young from a reasonable medical decision.
“We got a response back from the doctors,” Duhaime says. “They’ve
called our action frivolous. That’s just insulting to Eric, given that
this guy has serious multiple sclerosis.”
Young was reluctant to discuss his situation in detail, because the
matter is before the court, but suggests doctors might feel pressured
by pharmaceutical companies.
“They don’t want medical marijuana to advance, because it has
beneficial advantages,” Young explains. “Most pharmaceutical (companies)
won’t make money off it — they’re not interested in the
promotion of marijuana.”
Young is also near to the end of the exemption period allowing him to
legally smoke marijuana, and Duhaime says that the College of
Physicians and Surgeons is stonewalling attempts to grant another
exemption — which would effectively strip Young of the legal right to
use marijuana. If that status doesn’t change, Duhaime says that he will
be forced to make further legal challenges, or seek assistance from the
federal government.
“Hopefully, (federal Health Minister) Anne McLellan will give him a
short extension,” Duhaime explains.
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