Judge: Canada's marijuana laws invalid

TORONTO, April 13 (UPI) -- Canada's marijuana laws are unconstitutional and must be clarified within three months, an Ontario Superior Court judge ruled in Toronto.

Justice Donald Taliano issued his ruling in the case of a man with multiple medical conditions who is entitled to obtain legal marijuana, but was arrested for growing his own.

The man and 21 other patients from across the country testified most doctors won't prescribe medical marijuana and once approved, it takes as long as nine months for the supply to begin, the Toronto Star reported.

Taliano said legitimately ill people were being denied rights by doctors whose wariness "undermines the effectiveness of the program," and gave the federal government three months to remove the criminal stigma.

"The effect of this blind delegation is that seriously ill people who need marijuana to treat their symptoms are branded criminals simply because they are unable to overcome the barriers to legal access put in place by the legislative scheme," he said. "Rather than promote effective drug control -- the regulations drive the critically ill to the black market."

The federal government is likely to challenge the ruling in the Ontario Court of Appeal, the Globe and Mail said.

Since 2001, the Canadian Medical Association has opposed the legal marijuana program, stating doctors are uncomfortable in prescribing a drug with little scientific evidence validating its benefits, the Globe said.