Authorized home growing by medical marijuana users can continue past April 1 after an injunction was granted Friday by a Federal Court judge.

Medical marijuana users win court-ordered reprieve

Injunction allows authorized home pot growing to continue past April 1, until trial

Medical marijuana users have won a last-minute court reprieve that allows them to keep growing their own pot at home instead of destroying it and turning to new federally licenced commercial suppliers.

Federal Court Judge Michael Manson granted a temporary injunction Friday for those with a personal production licence to continue to grow medical marijuana, pending the outcome of a constitutional challenge still to be heard.

Health Canada’s new regulation outlawing personal growing had been slated to take effect April 1, but the decision throws a wrench into the Conservative government’s pot reform plans.

Medical marijuana users and their supporters are jubilant.

“I’m very excited,” said Sandra Colasanti, a member of a coalition seeking to repeal the new rules who said she doesn’t use pot but her husband needs it.

“I’ve seen a lot of people who have everything from MS to cancer to full-blown AIDS and I’ve seen people die if they don’t have access to this.”

She said she’s optimistic the action launched by Abbotsford lawyer John Conroy will succeed when it goes to trial. No date has been set but it’s expected sometime this year.

The federal government cited widespread problems with the current system of permitted medical marijuana users growing pot at home or having other designated growers do it for them.

Colasanti said the coalition doesn’t deny there are problems with the old system, which cities say create fire risks and other safety hazards from mould to home invasions.

Health Canada could have prevented such problems had it simply conducted regular inspections of permitted medical grows, she said.

“Whose idea was it to have this important a program and not have mandatory inspections?” Colasanti asked. “The coalition is not saying there shouldn’t be some rules. We want rules. We have asked for rules.”

Medical pot patients behind the court action feared they’ll pay commercial producers much more than it cost to grow themselves and end up with less access to the cannabis strains that work best for them.

The injunction doesn’t stop the launch of new commercial pot producers, but it throws into doubt how large their market will be if many users don’t have to immediately switch to them for their supply.

Growers licensed under the old system had been ordered by Ottawa to give written notice by April 30 that they’d halted production and destroyed all leftover pot or face potential police enforcement.

Some municipalities had been poised to send in inspection teams or police to root out the legal medical grow-ops they were aware of come April.

But Surrey’s fire department is now shelving its plans to step in to remediate an estimated 309 buildings with medical marijuana grows within the city.

“I’m disappointed,” said Surrey Fire Chief Len Garis. “I guess we just simply wait.”

Garis said it’s troubling from a public safety point of view, referring to academic studies that show the grow operations are 24 times more likely to  burn than a regular home.

– with files from Kevin Diakiw

Just Posted

Rossland chocolatier plans move to cannabis edibles

Council approves zoning change to accomodate processing facility

Seniors Advocate seeking feedback at Trail meeting

Isobel Mckenzie will be at the Trail Legion for two hours on Friday

FortisBC to offer free energy efficiency assessments for small businesses

Fortis BC wants to help 900 storefronts in Kelowna, Penticton and Rossland

$174-million acid plant up and running at Trail smelter

Teck Trail Ops; New facility replaces 1970s technology

Chilliwack woman wins right to medically assisted death after three-year court battle

Julia Lamb has been the lead plaintiff in a legal battle to ease restrictions on Canada’s assisted dying laws

NDP, Liberals promise more spending, while Tories promise spending cuts

Making life more affordable for Canadians a focus in the 2019 election

UPDATE: Police probe third threat against a Kamloops high school in eight days

Police have not released any further details into what the threat includes

Charges dropped against Mountie involved in shooting death of Surrey man

‘I feel like I’ve lost Hudson all over again,’ says mom

B.C. Interior caribou protection area big enough, minister says

Proposals sparked protest in Kootenays, Williams Lake region

Two B.C. women selected to compete on ABC’s The Bachelor

Mykenna Dorn and Alexis Thind will compete for bachelor Peter Weber’s heart

Vaping-related illness confirmed in Ontario believed to be first in Canada

Middlesex-London Health Unit had no further details about the case — believed to be the first confirmed in Canada

Canadian stars Virtue, Moir say in video they’re ‘stepping away’ from ice dancing

The pair thank fans for their support in an emotional message

Woman held at gunpoint during carjacking in UBC parkade

University RCMP say the vehicle is still missing, and two suspects are at large

Most Read