This (Medical) Bud’s For You

To many of us the notion of legalization has come out of left field, while for others who are part of the culture either recreationally or medically, this has been a long time coming.

After much ado (for almost nothing) on August 24, 2016, the federal laws and regulations around marijuana have changed once again. Health Minister Jane Philpott announced the new regulations which are called Access to Cannabis for Medical Purpose Regulations (ACMPR). The ACMPR has more or less replaced (with some transitional provisions) both the former MMAR and MMPR programs.

Let me give you a brief history to explain the programs and bring you up to speed on the current pressing issues that are still in a state of flux.

In 1999, the federal government allowed an exemption under the Controlled Drugs and Substances Act that allowed those with a medical need the right to possess marijuana for medical reasons.

In 2001, individuals with a medical need were permitted to grow their own medical marijuana or to designate someone to grow for them. This was called the Marijuana for Medical Access Regulations (MMAR) and has been permitted once again under the ACMPR.

In 2013, the shift to the commercialization of the industry began. The Government of Canada developed the Marijuana for Medical Purposes Regulations (MMPR). These new regulations allowed private businesses to apply and become Licensed Producers (LP’s) which allowed them to both produce and distribute dried cannabis through an online mail-order system.

However, in 2015, The Supreme Court deemed this type of limited access to be unconstitutional as people with medical need have the right to use and make other forms of cannabis products such as oils or fresh leaves and buds instead of being limited to dried product only. So, the LP’s were permitted to sell oil and fresh marijuana leaves and buds.

Again in 2015, a federal court decision stated that being restricted to buying only from Licensed Producers is, in fact, a violation of the Charter of Rights and Freedoms (yet no provisions were made).

And so here we are today with a slightly improved and admittedly temporary ACMPR program that is full of shortfalls and criticism. Understandably this is new territory and a work in progress, but what we have now is a legitimate medical need that can’t be “reasonably” met.

A closer look at the problems that medical cannabis patients are facing reveals a clear need for a completely new type of access.

Being a legal medical user today means you have only three options: grow your own or have someone grow for you or buy online from an LP. The first two options have obvious issues in that for a host of different reasons few people want to grow their own or to try to find someone qualified to grow for them. While that does give them access that’s not a reasonable way to expect people to get their medicine. The third option buying through LP’s at a glance seemed fine, but at closer look, it’s riddled with problems:

-mail service interruptions leave people without their medicine or delayed or unreliable access to it,

-mail packages are increasingly going missing in the postal system, again leaving people without medicine,

-the mail order system is insensitive to the needs of a person who is ill. There is no rapport or trust and the consultations that come with regularly in-person interactions with real people,

-you can’t see, touch or smell online product which is one of the major parts of the whole process of choosing a product,

-with LP’s, large minimum orders need to be purchased, which is particularly concerning if you can’t see it first. It also means you can’t sample a small quantity of a particular product to first see if you do indeed like it, or if it even works for your condition,

-license producers only have a limited number of strains to choose from and medical users can only be registered with one licensed producer thus they are at the mercy of having to choose from what that producer has to offer,

-more importantly, licensed producers are restricted in what they can offer in terms of types of cannabis products. Medical users want variety, in particular, more discreet ways to take their medicine and different options for administering it depending on their condition. Ie. they don’t necessarily want to smoke it.

-many licensed producers such as Tweed/Bedrocan and CanniMed/Prairie Plant Systems practice a controversial process called gamma irradiation. Gamma irradiation involves penetrating electromagnetic radiation that comes from radioactive decay of atomic nuclei. In short, it’s a sterilization technique used to eradicate bacteria and mold. In general, medical users chose cannabis as a healthier alternative so they don’t want their cannabis subjected to radiation of any kind, regardless of the level.

That said, not all licensed producers are the same. Organic ones like Organigram or Peace Naturals are gaining awareness or even our very own local grower called Green Relief who is growing a product that is quite arguably “better than organic” through the use of Aquaponics.

While the divide between the good guys and the big bad corporate guys has already begun, we are still left without answers to the distribution restrictions. This in itself is the reason that compassion clubs and the dispensary industry have gained a foothold. We (for the most part) exist to serve the needs of, and to protect our medical users.

Much like the LP’s however, dispensaries are not all alike. You have everything from storefronts that were selling all kinds of drugs to anyone who walks in the door, to people like Marc Emery, a Toronto dispensary owner and activist, who believes anyone and everyone should be able to have access to marijuana. Then there are dispensaries such as mine, Pacifico Life Inc. where we are strictly medically-focused and have quite likely the most thorough intake protocols of any dispensary. Additionally, we boast what may be the strongest staff/educator training on the strains, their derivatives and the different types of products we have. What’s more, we lab test all of our marijuana – while no other dispensary I’m aware of is doing that. Our mandate is to serve our members best interest by providing them with the largest variety of safe premium products and to protect our members’ safety through careful intake and follow-up processes, in compliance with the ACMPR program.

As for the future, I can’t imagine that the Province will get full control of the legal marijuana industry in an LCBO fashion, nor can I see pharmacies such as Galen Weston’s Shoppers Drug Mart being the only type of provider. Constantly, our educators share heartfelt stories and tears of joy with Pacifico members and their loved ones. It’s that continuous appreciation that keeps the wind in our sails. To be blessed with the ability to help serve our community…I can’t think of a more meaningful existence. While we’re deeply disappointed that the August 24th regulations failed to reach as far as solutions to distribution, I think it’s relatively safe to say that there will indeed be some form of dispensary in the upcoming 2017 regulations. Pacifico has far exceeded the standards that exist in the industry today I do hope that Health Canada will look to us as a model moving forward.

In the meantime, we’ll be here growing and constantly improving our operating procedures to continue to provide you safe, reasonable medical access and to protect your human rights.