Medical pot users given OK to use drug anywhere
Businesses will be able to bar use of drug if concerned about effect on other clients
Ontario is giving the green light to smoking or vaping medical marijuana anywhere, anytime — from booze-free restaurants to stores, movie theatres, at work or in cars with children.
New regulations exempt medicinal pot users from a ban on using e-cigarettes in non-smoking areas and medical marijuana is not covered by the Smoke-Free Ontario Act, which places strict limits on puffing tobacco in public places.
The controversial move, confirmed Wednesday by associate health minister Dipika Damerla, follows a push by patient groups to improve access to pain control and symptom management.
But it also allows proprietors and bosses, for example, to refuse permission in a “balancing of rights.” About 24,000 people in Canada use medical marijuana.
“As an employer or a restaurant owner you can say, ‘There’s no vaping, no smoking of medical marijuana here,’ ” Damerla told reporters.
If a person given a prescription for medical marijuana by a doctor were to continue smoking “they are breaking the law,” she added.
Restaurants Canada said it has been blindsided by the new rules, was not consulted about them, and accused the government of “copping out.”
“They’re putting restaurants in a policing position where they have to decide whether it’s medical,” said spokesman James Rilett.
“They have to ask a patron if they have a medical licence and make sure they’re not sharing it.”
It’s against the law to have a controlled substance like marijuana in an establishment that serves alcohol.
The Retail Council of Canada did not reply to a request for comment. Cineplex Odeon referred queries to the Retail Council and is reviewing the matter internally.
Damerla was peppered with questions about the new rules, which leave grey areas in which bystanders — particularly kids — could be exposed to potentially dangerous second-hand cannabis fumes and how to prove the smoking is a legitimate medical use for cancer, severe epilepsy or other conditions.
A restaurant owner “could ask for some kind of verification,” Damerla said, when pressed on what constitutes proof the pot is medically prescribed.
“This is about the fact that somebody who’s very ill, maybe in a lot of pain, wants to use. There are many ways to take marijuana. This is one way.”
Asked if the new policy would allow someone to smoke medical marijuana in a car with children — something that is illegal with tobacco — Damerla’s office replied in an emailed statement that “driving under the influence of any substance, like marijuana, is illegal.”
“It would be up to the owner of the car whether or not to allow someone to vaporize medical marijuana in their vehicle,” the statement continued.
A group called Canadians for Fair Access to Medical Marijuana called the policy an “important milestone” and said it’s worried the controversy puts the new rule at risk.
“I hope it sticks,” said executive director Jonathan Zaid, who vaporizes medical marijuana for a rare condition that causes constant headaches and disrupts sleep.
“I just want patients’ rights to be respected and understood . . . any prohibition on vaporizer use would have severely limited the ability of patients to use their medication as prescribed.”
The head of the Ontario Human Rights Commission said the new regulations fall under the category of accommodating people with disabilities, as required under the Human Rights Code, but there is room for “discretion” given the impact second-hand smoke can have.
“The health and safety of others is a factor in determining accommodation,” said Renu Mandhane “It’s not a black-and-white issue. It’s definitely complicated . . . marijuana can be used recreationally and medicinally.”
NDP Leader Andrea Horwath said she’s concerned about people being exposed to second-hand marijuana smoke or vapour.
“That’s something we need to keep in mind . . . we need to take a closer look,” she said, joking that if someone was smoking medical pot beside her in a restaurant that “I’ll probably eat more.”
Progressive Conservative Leader Patrick Brown didn’t quarrel with the regulations and said he wouldn’t make “political hay” of the issue.
“If it’s for medical purposes, it’s for medical purposes,” he said. “There’s not going to be an overwhelming amount of people in Ontario running out to parks to have their medical marijuana.” The Canadian Cancer Society warns on its website that “people exposed to second-hand marijuana smoke may have many of the same health problems as people exposed to cigarette smoke, including an increased risk of cancer.”
Other studies have found medical marijuana significantly improves quality of life and pain control for patients who need it.
Damerla tried to mitigate concerns, saying there are a “very, very limited” number of people in Ontario taking medical marijuana and that allowing them to do so in public is an issue of “balancing” rights.
The government consulted “very broadly with the medical community” before approving the new regulations, she said.
Zaid, of the patients’ group, told the Star it’s not always a smooth ride for medical marijuana smokers.
“Patients get harassed frequently for smoking it in public,” he said. “They are often a bit discreet about it, rather than make an issue of it.”
"The health and safety of others is a factor in determining accommodation. It’s not a black-and-white issue. It’s definitely complicated." RENU MANDHANE CHIEF COMMISSIONER, ONTARIO HUMAN RIGHTS COMMISSION