The Federal Court of Canada said today that it is illegal to prohibit patients who use medical marijuana plant cultivation for personal use, and gave the Canadian Parliament six months to amend the laws.
Until 2014, people who had been prescribed medical marijuana could grow the plant for personal consumption, but that year, the then Conservative government of Canadian Prime Minister Stephen Harper changed the laws to force users to buy cannabis through a network of companies involved in distribution.
Four medical marijuana users went to court when considering Harper's decision was a violation of their constitutional rights, something that the Federal Court concurred in the judgment released today.
The Federal Court, the second most important court in Canada, agreed with the plaintiffs that "cannabis can be produced safely with limited risk to public safety and consistent with the promotion of public health."
Today's sentence does not imply the legalization of marijuana for recreational use, which the Government of the new Canadian prime minister, Liberal Justin Trudeau is studying.
The Federal Tribunal, based in Ottawa, also made it clear that until the government changes the laws and legalize marijuana cultivation for people with medical conditions, only the people who were prescribed before 2014 may return to cultivate plant.
The Canadian government today said it is studying the ruling to determine whether to appeal against the decision, but the Health Minister Jane Philpott, said his "priority is to ensure that, in the case of medical marijuana, Canadians who need it have fair access ".
Trudeau and the Liberal Party won the general elections on October 19 with an election platform that included the legalization of recreational marijuana use.
Trudeau has ordered former Toronto Police Chief Bill Blair and Liberal MP to analyze how best to proceed with the legalization of cannabis.
Blair today met with the Liberals to consult on the process senators and said the government's goal is to regulate marijuana and restrict access to minors while legalization eliminate billions of dollars in revenue for criminal organizations.
The deputy also noted that the criminalization of marijuana use disproportionately affects the most marginalized communities, such as indigenous.
In 2014, 22,000 people were charged for possession of marijuana, a figure that Blair considered "scandalous".