Crimes of Compassion
By: Anna Kemp, Monday
Magazine (CN BC), 10-21-09
No question, marijuana stirs up a lot of controversy for a simple plant. Advocates on either side of the fence argue about the merits and evils of pot legalization. However, for many Canadians coping with serious medical conditionsincluding cancer, arthritis, MS, epilepsy, HIV and Hepatitis Cusing marijuana is not a lifestyle choice, with over one million Canadians using marijuana for medical purposes, according to a national survey conducted by Pricewaterhouse-Coopers for Health Canada. Yet despite the fact Canada became the first country in the world to legalize the medical use of marijuana back in 2001, the legislation only protects a handful of patients; the majority of medical cannabis users still risk arrest and prosecution for simply using an effective medicine. Community-based dispensaries, like the Vancouver Island Compassion Society (VICS), play a vital role in supporting many of these people.
This month VICS celebrates its 10th anniversary. The Cormorant Street office, tucked between apartment buildings and the looming Ministry of Health building, resembles a very relaxed medical clinic. Colourful art, posters and patient notice boards cover the walls; the waiting room reflects the diversity of VICS clients with a childrens play area, clothing donation box, book swap shelf and racks of information pamphlets. And, not surprisingly, the air smells of marijuana.
VICS was founded by medical marijuana advocate and now city councillor Phillipe Lucas, who recently stepped down as the organizations executive director. Lucas became concerned about access to medical marijuana after he began using it to ease the symptoms of Hepatitis C. Cannabinoids are anti-viral and they reduce inflammation, he says. They were certainly addressing some of my symptoms, reducing pain and nausea and increasing my appetite.
Lucas, who found it difficult to find a consistent cannabis supply, felt Victoria needed an organization to help patientslike himselfaccess a valuable natural medicine. Some days my dealer had something that absolutely helped me, some weeks it was something that would make me anxious . . . I realized that if I, a man in my 20s, struggled to find a safe source of cannabis, surely a 65-year-old woman just diagnosed with breast cancerand with no experience with cannabis usewould have no chance of finding safe access.
Ineffective federally, essential locally
When Lucas began VICS in 1999, community-based dispensaries provided the only services available to patients. However, the introduction of a federal medical marijuana program in 2002 hasnt removed the need for groups like VICS. According to Health Canadas most recent statistics, only 4,029 people are authorized to participate in the programless than half-a-percent of Canadas medical cannabis users.
The federal program is highly ineffective, says Lucas. It has been found unconstitutional for overly restricting access five times in the last six or seven years . . . Even in the United States, where they have taken a much more antagonistic stance against marijuana use, they are taking more progressive steps to ensure patients get access to safe sources of cannabis then we are here in Canada.
Though his main focus was access to medical marijuana when Lucas started VICS, advocacy rapidly became a large part of the organizations work. For example, Lucas recently spoke at the House of Commons on behalf of medical marijuana users against Bill C-15, the Conservative Partys mandatory minimums drug bill. We advocate for medical marijuana users who cant or wont speak for themselves because of exposing their illegal use.
Indeed, VICS largest effects on policy and legislation have arisen through
court challenges. Most recently, the group won a constitutional challenge of
Health Canadas medical cannabis program and practice in February 2009.
The challenge resulted from a 2004 RCMP raid of VICS production facility
in Sooke and the arrest of VICS employee, Matt Beren. VICS and Beren took the
case to the B.C. Supreme Court.
Lawyer Kirk Tousaw, who represented Beren, explains the courts decision.
Ultimately the judge was forced to convict Beren, but said he was not
morally blameworthy granting him an absolute discharge . . . We were successful
in convincing the judge that two restrictions in their medical marijuana legislation
are unconstitutional which sets an important precedent for other medical marijuana
producers.
Both Beren and the Crown have sought appeals with the Supreme Court of Canada. Tousaw hopes the courts will accept the case which could force the federal government to revamp their program.
I just dont think that sick people should be criminals for using medicine, nor should the producers of the medicine or compassion centres like VICS who help them safely and securely obtain it, says Tousaw.
VICS has been at the forefront of organizations in Canada working to change the existing systems both through parliament and the courts.
Research equally important
Along with advocacy, VICS has expanded its mandate to include medical marijuana research. Health Canada and the medical associations, particularly the College of Physicians and Surgeons of B..C, have long stated that there simply isnt enough information to certify cannabis as a medicine, says Lucas. Unfortunately neither of those organizations have been doing the research that needs to be done.
Drawing on the experiences of their members who use cannabis for medical conditions, VICS has teamed with researchers on studies of the effects on marijuana on Hepatitis C (with Diana L. Sylvestre, from the University of California) and on nausea and pregnancy (with Rachel Westfall, from the University of Victoria). And Lucas is currently a graduate research fellow with the Centre for Addictions Research, studying the potential for using cannabis as a treatment for problematic substance use. Rather than looking at cannabis as a gateway drug, were looking it as an exit drug to get people out of using, he explains.
Lynne Belle-Isle is a programs consultant for the Canadian AIDS society who became involved with VICS through a study on barriers to medical cannabis access for HIV patients.
Involving the people on whom you are conducting research makes your results that much more valid, says Belle-Isle about the value of community-based research. Its amazing they do it because compassion societies have their own set of challenges they face because of legality.
Serving almost 1,000 patients, VICS has developed a patient-centered model which has gained them international recognition over the past decade. Lucas has advised a number of American states and, in 2007, was invited to Israel to work on the development of patient-centered medical cannabis strategies.
Their program is moving forward at a tremendous rate right now, Lucas explains. They have already licensed three or four producersso theyre already ahead of Canada, who have only licensed a single producer in seven years of operation.
VICS also has a significant support from the local medical community. Over 300 physicians have referred patients to VICS and the organization has an arrangement with the University of Victoria Nursing Program, hosting nursing students for 13-week co-op terms.
Its a great relationship, says Lucas. You end up with a nurse thats not only familiar with the many conditions that benefit from the use of cannabis, but who also brings that knowledge back to his or her class, educating a much broader spectrum of people in the public health field.
Rolling into the future
Ten years on the front lines could wear down any social activist, but Lucasa new father as well as a city councillorfeels his work with the Vancouver Island Compassion Society gave him back as much as he put in to it. The patients of VICS have impacted my life tremendously, he says. They have taught me about courage, perseverance, determination and overcoming overwhelming odds. Their incredible struggle to just live their day-to-day lives has been a real inspiration to me. Its been an amazing opportunity.
For now, Lucas will remain on the VICS board with Steve Roberts filling the role of executive director. Roberts, who has been involved with VICS for over eight years, says he looks forward to carrying the organization forward along the path it has been going. Its great that so many people are so accepting of what we do here and are coming to the realization that cannabis as a medicine is actually a viable thing, he says.
According to a 2006 poll in Macleans magazine, 93 percent of Canadians support the medical use of marijuanaa level of acceptance that, in no small part, reflects the work of community-based organizations like VICS. M
Visit thevics.com to find out more about VICS or call 250-381-8427
© 2010 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana