Ontario's medical pot vaping exemption came from consultations with 2 people

Ontario's Liberal government defended allowing medicalmarijuana users to vaporize anywhere by saying they had consulted"very broadly" but emails show those consultations involved theinput of just two people, The Canadian Press has learned.

Ultimately, the associate health minister had to defend thepolicy for just one day after the government backtracked on thepolicy within 24 hours. The emails, obtained throughfreedom-of-information legislation, show the premier's top staffmembers were both unaware of the new rule and confused by it.

The new e-cigarette regulations banned the use of the devicesanywhere regular cigarettes were prohibited. But the governmentprovided an exemption for medical marijuana users, meaning theycould have vaped in restaurants, at work or on playgrounds.

The exemption became public Nov. 25 and by the next day, DipikaDamerla, then the associate health minister, said that based on thefeedback the government had received, they were going back to thedrawing board. The government ultimately decided there would be noexemption.

But during those fleeting hours when Damerla defended the policy,she said there had been widespread consultations before the changewas introduced.

"You know, we consulted very broadly with the medical community,with the, you know, advocates of all types, health advocates," shesaid.

The Making Healthier Choices Act, which dealt with displayingcalorie counts and banning flavoured tobacco products as well ase-cigarette restrictions went to regular committee hearings.Speakers included the Canadian Vaping Association, the Heart andStroke Foundation of Ontario, Restaurants Canada, vape shop ownersand the Canadian Cancer Society.

But out of the 35 presenters, only one person medical marijuanaadvocate Matt Mernagh spoke of the need for an exemption. No otherpresenters were asked for their thoughts on it.

The e-cigarette regulations were also posted for a standardcomment period, but only one medical marijuana-related reply wasreceived, from Canadians for Fair Access to Medical Marijuana.

In addition to the two people consulted, the ministry alsoconducted a legal review and discussed it with other areas ofgovernment, the Health Ministry said in a statement.

The Canadians for Fair Access to Medical Marijuana groupultimately tipped off the public to the exemption. Its founder sentout a news release the morning of Nov. 25, heralding the exemptionas "another important milestone in the recognition of thelegitimacy of the use of cannabis as a medicine."

The exemption came as a surprise to the media and also,apparently, to the premier's office.

"I am confused by what happened yesterday and what we're readingin the media this morning," the premier's deputy principalsecretary, Karim Bardeesy, wrote in an email early the next morning."Can anyone explain?"

"Do you guys know why we've done this marijuana thing?" wroteAndrew Bevan, who was Wynne's principal secretary at the time, toissues management and senior communications staff. "Are we walkingit back today?"

Tom Teahen, then the premier's chief of staff, responded that hewas wondering that too.

Soon after, staff started wondering who was actually consultedand asked the ministry for a list.

"You guys said yesterday that it was OK that we said publicconsultations, and that it included medical experts, so I need youto confirm this for me," wrote Jenna Mannone, then in the premier'sissues management office.

An eventual response from ministry staff mentioned the two peopleconsulted, but said it was important to note the decision wasn'tbased solely on that. The ministry had determined "from a policyperspective, it would be unfair to restrict the vaping of medicalmarijuana in certain places when the government does not prohibitthe smoking of marijuana in those places."

Though it is still illegal federally for recreational use, noOntario law restricts where marijuana medical or otherwise canbe smoked other than Liquor Licence Act, which prohibits consumptionof controlled substances on licensed premises. There was also a needto consider the needs of medical marijuana users to treat theirillnesses or disabilities, staff wrote.

The emails also show constituency offices around the provincewere flooded with emails from people angry about theexemption.Consultations the government conducted after the initial mess nettedinput from 100 people and organizations on the issue of medicalmarijuana vaping.

The government ultimately decided to ban medical marijuana usersfrom smoking or vaporizing anywhere regular cigarettes areprohibited.