November 29, 2011 – A Toronto man vowed to challenge a city bylaw that he said stops people from growing medical marijuana at home, on the same day a charge against him was dropped for creating a fire hazard by growing pot in his apartment.

Although William Palmer was charged under the Fire Protection and Prevention Act, his lawyer Paul Lewin said he plans to challenge the bylaw that he said bars marijuana growing in the city. Mr. Palmer lives in a Toronto Community Housing apartment near Dundas and Sherbourne Streets.
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Mr. Lewin said that for people who need medical marijuana, the bylaw goes against equality rights set out in the Charter and the Ontario Human Rights Code.

“The bylaw doesn’t leave any room for medical marijuana growing at all,” Mr. Palmer said at Old City Hall court on Monday, shortly after the charge against him was dropped.

Mr. Palmer has a licence from Health Canada to grow medical marijuana to help him deal with symptoms caused by his HIV medication.

Court heard that the city withdrew the charge because it’s not a matter of justice to pursue the case. The city did not immediately respond to requests for comment.

“Even [Toronto community] housing will not give me the permission to grow, but yet the government of Canada says I can grow,” Mr. Palmer said.

Mr. Palmer, 48, said that between October, 2008, and last year, fire, city or community housing officials came into his apartment and took away his plants and shut off the electricity three times.

He stopped paying his rent when the electricity wasn’t turned back on after the third incident, leading to his eviction and moving to his dad’s place next door. He said he’s not growing pot there.

Using pot eases the severe nausea and depressed appetite that come with taking HIV medication, Mr. Palmer said. He’s seeking upward of $50,000 in compensation for damages to his plants.

“The right to grow marijuana for medicine is a well-established right, this isn’t anything cutting edge,” Mr. Lewin said. “The law in Ontario is crystal clear. No one should have to choose between their health and the law.”

Mr. Lewin said he filed the challenge months ago and had asked that it be heard on Tuesday, the day before Mr. Palmer’s fire hazard charge was dropped. He said it’s expected to go to the Superior Court in the spring.

Since Mr. Palmer is on the Ontario Disability Support Program, he can only afford to grow rather than buy, Mr. Lewin said.

“The real issue here, I think, isn’t so much the specific details of this case. It’s the fact that there are people, lots of people, in this catch 22.”
By Cary Mills. Source.

December 4, 2009 – Wisconsin – To celebrate his 54th birthday last April 23, medical marijuana advocate Gary Storck began lobbying for the Jacki Rickert Medical Marijuana Act at the state Capital with his friend Mary Powers, a wheelchair-bound U.S. Army veteran who was fighting AIDS, Hepatitis C and several forms of cancer.

“By the summer’s end we were there weekly, and I would make a short movie each week, just a couple minutes, ‘The Mary and Gary Show’,” Storck said. “There are seven on YouTube. Mary and I hit more than 80 offices, and soon other patients joined us. Mary was often having a hard time, but she was always there waiting for me in the rotunda on lobby days. She became a familiar figure in the hallways and offices.”

Mary’s last day of lobbying was Oct. 7.

“She was using an oxygen tank,” Storck said. “I took her into (Senate Republican leader) Scott Fitzgerald’s office to show them the face of medical marijuana, after his spokesperson, Kimber Leidl, issued statements saying ‘the risks outweighed the benefits’.”

Mary Powers died in her sleep Oct. 22.

“It devastated our tight little group. Jacki (Rickert), myself and others had spoken to Mary every day,” Storck said. “We are grieving, but we know Mary is with us, and her efforts have inspired many more to pick up this cause. Her suffering was too great, and we are glad she is free. Mary was also the founder of Wisconsin Veterans for Medical Marijuana Access, and we are trying to carry on her work with another veteran.”

Storck discovered the medicinal benefits of marijuana by accident in 1972 when it relieved his congenital glaucoma. He was inspired to fight for medical marijuana in 1997 when a staph infection after his third open heart surgery almost killed him.

“As a doctor was removing the staples from the wound left in my groin by the heart lung pump, she infected me with staph,” he said. “48 hours later I was
deathly ill. I went to the ER and right into surgery. They took a lot of infected tissue out of my right groin. What followed were the worst 2 weeks of my life. I had several more surgeries, including removal of a 32-square-inch skin graft off my thigh to cover the hole in my groin. I was on the strongest antibiotics and a morphine drip. I believed I would die there in that hospital.”

On the ninth day on what he thought was his deathbed, Storck said he was visited by a “cannabis angel” with an edible. The cannabis angel returned the next day.

“By the third day, I was able to go outside and smoke a joint. And it was the best joint ever, because I knew I was going to make it out alive!” Storck said.

“And I vowed that day that I would use this extra time I was given to see that medical cannabis was finally legal in Wisconsin. It’s looking like, with a little luck and the blessings of the cannabis angels, that those efforts will soon come to fruition. But, there is still a lot of work yet, and the people of Wisconsin need to make their 80% support heard. But from a very long view, we are very close to the Promised Land.”

KEY POINTS OF THE JACKI RICKERT MEDICAL MARIJUANA ACT

The Act allows three categories of medical marijuana users:

1) cancer, glaucoma, AIDS, a positive HIV test, Crohn’s disease, a Hepatitis C virus infection, Alzheimer’s disease, Amytrophic Lateral Sclerosis, nail patella syndrome,

Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these conditions;

2) a chronic or debilitating disease or medical condition, or the treatment of such a disease or condition, that causes wasting away, severe pain, severe nausea, seizures, or severe and persistent muscle spasms;

3) any other medical condition or treatment for a medical condition designated as a debilitating medical condition or treatment in rules promulgated by the Department of Health Services.

A qualifying patient may invoke the medical necessity defense if he or she acquires, possesses, cultivates, transports, or uses marijuana to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

Maximum authorized amount of marijuana: 12 marijuana plants and three ounces – approximately 85 grams – of marijuana leaves or flowers.

The bill requires DHS to establish a registry for medical users of marijuana. A person claiming to be a qualifying patient may apply for a registry identification card by submitting a signed application, accompanied by a written certification and a registration fee of not more than $150. Source.