Hitzig V. Canada

Hitzig v. Canada is a 2003 civil case in which challenged the constitutionality of the Marihuana Medical Access Regulations (MMAR), now the Medical Marihuana Access Division. MMAR provided for exemptions from the law for approved medicinal users while allowing for no legal source of therapeutic cannabis products. The case was brought by Warren Hitzig, along with seven medical marijuana users (Alison Myrden, Stephen J Vandekemp, Marco Renda, Marylynne Chamney, Catherine Devries, Jari Dvorak and Debbie Stultz-Giffen).

Warren Saul Hitzig co-founded the Toronto Compassion Centre (originally the 'Medical Marijuana Resource Centre') in 1997 to provide high quality cannabis products to those with a documented medicinal need and to act as a medical marijuana information resource for the Canadian general public. The Centre's formation was announced in early 1998 with a press conference and letter to the Canadian government requesting authorization for their activities.

The Hitzig applicants argued that the MMAR provided an illusory access to cannabis medicine, and effectively encouraged sick Canadians to look to the black market for their legal medication, and/or the seeds/plants needed to 'grow their own.' Ontario Superior Court judge Sidney Lederman agreed that this situation violated the rights of the applicants as set out by the Canadian Charter of Rights and Freedoms (1982). He gave the Canadian government six months from January 9, 2003 to remedy the situation, which prompted the controversial announcement on July 8 that Health Canada would begin distribution of marijuana grown under contract to Prairie Plant Systems in Flin Flon, Manitoba.