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

Island Corridor Foundation optimistic about restoring rail service

If green-lighted, first priority would be Langford to Victoria route

Esquimalt senior’s complex getting redeveloped

The Esquimalt Lions Lodge is one of the projects to receive funding for affordable housing

Firefighters rescue horse stuck in Saanich mud

‘It happens more often than you’d think,’ says deputy chief

Active investigation into reported sexual assault at CFB Esquimalt

An Oct. 5 allegation is being investigated by Canadian Forces National Investigation Service

Federal environment minister faces protesters in Saanich

Catherine McKenna defended her government’s environmental record

People flocking to Vancouver Island city to see hundreds of sea lions

Each year the combination of Steller and California sea lions take over Cowichan Bay

Dog psychic can help Vancouver Islanders better connect with their pets

Michele Wonnacott hosts one-day seminar in Nanaimo on Saturday, Nov. 17

POLL: Have BC Ferry waits ever forced you to cancel your travel plans?

Many BC Ferry passengers heading out from Swartz Bay to Tsawwassen on… Continue reading

Commercial trucks banned from left lane of Coquihalla

B.C.’s Ministry of Transportation has introduced a new program that hopes to prevent accidents and closures on the Coquihalla Highway.

B.C. on track to record same number of overdose deaths as last year

128 people died of overdoses in September, bringing the total to more than 1,100 so far in 2018

Cowichan school district defends lack of notice to parents following elementary student arrest

Officials with School District 79 stand by their decision not to send out an alert.

Canadians more prepared for weather disaster than financial one: poll

RBC recommends people check their bank app as often as the weather app

B.C. dog owner sues after pet killed in beaver trap

A Kamloops man is suing the operator of a trapline north of the city after his dog died

Heading soccer balls can cause damage to brain cells: UBC study

Roughly 42 per cent of children in the country play soccer, according to statistics from Heritage Canada

Most Read