Medical marijuana was supposed to be only available through new commercial producers as of April 1

Medical marijuana users score another win in court

Injunction upheld, challenge of the federal government's new rules set for February

The federal government has lost another round in a legal battle over whether medical marijuana users can continue to grow their own pot in their homes.

The Federal Court of Appeal today rejected the government’s appeal of a March 21 court injunction that has temporarily allowed previously authorized medical marijuana patients to continue growing their own, or have pot grown for them, despite new federal regulations that outlawed home grows as of April.

A full trial on the constitutional challenge lodged by various medical marijuana patients is slated to begin Feb. 23 now that the court injunction has been upheld, Abbotsford lawyer John Conroy said.

RELATED: New medical pot regime beset by complaints

The appeal ruling also requires the court to clarify the status of some patients who were left out of the injunction because their authorizations weren’t valid at the time it was issued.

Conroy said he’s optimistic about the trial but isn’t reading too much into the latest ruling, which keeps a continued legal cloud over the new federal system of medical pot being provided only through licensed commercial producers.

“It is an indication that a judge looked at the facts and decided if we did not have an injunction people would suffer irreparable harm,” Conroy said. “But the trial judge gets to revisit the whole situation.”

An estimated 11,500  B.C. medical marijuana grow operations were legally being run by or on behalf of federally licensed users when the injunction was granted last March.

Other legal actions are also pending on behalf of medical marijuana users, including one that seeks a court order that medical marijuana users are entitled to obtain their cannabis in the form of oil or other extracts, not just the dried bud that is the only form allowed under the new mail-order production system.

VIDEO: Just the Facts – Medical Marijuana in Canada (via BC Daily Buzz)

Just Posted

PHOTOS: Candlelight Parade lights up downtown Mission

Thousands of people come out to enjoy holiday tradition

It’s a Wonderful Breakfast fundraiser comes to Mission

The event, on Dec. 12, is hosted by the Fraser Valley Health Care Foundation

SUV on fire on Highway 1 between Abbotsford and Chilliwack

Emergency crews on scene and blocking the right lane

VIDEO: Abbotsford donair restaurant catches fire

Donairo’s on McCallum Street site of kitchen fire

VIDEO: SNL skewers Trudeau’s mockery of Trump in high school cafeteria sketch

The three world leaders won’t let Trump sit at the cool kids’ table

Conservative urge Morneau to deliver ‘urgent’ fall economic update

Morneau says the first thing the Liberals plan to do is bring in their promised tax cut for the middle class

B.C. creates $8.5M organization to improve safety for health care workers

Group will bring together unions, province, health care organizations

Four men in hospital after early morning Vancouver stabbing

A large group of men was seen fighting in Yaletwon

Kovrig clings to humour as ‘two Michaels’ near one year in Chinese prison

Their detention is widely viewed as retaliation for Canada’s arrest of Chinese high-tech scion Meng Wanzhou

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

Brain injury from domestic abuse a ‘public health crisis,’ says B.C. researcher

Nearly 80% of the domestic violence victims who reported to police last year were women

Campbell River mom’s iPhone containing priceless photos stolen from Victoria hospital parkade

The phone contained photos, heartbeat recordings of her late son

Most Read