Human Rights Issue, or Not

A few years back the owner of Gator Ted's Tap and Grill asked a patron, Steve Gibson not to smoke pot in front of his restaurant. Steve Gibson, a licensed medicinal marijuana user to not smoke up in the entranceway of the restaurant. Steve Gibson filed a human rights suit in reply. You see Mr. Gibson felt that his rights were being violated as the Human Rights Code states that an entity cannot deny service to a disabled person, and the Human Rights Code trumps all other legislation, as such Ted Kindos, the owner of Gator Ted's Tap and Grill, would have been covered from losing his liquor license under the Liquor License code that forbids any place that sells alcohol from allowing the consumption of controlled substances. At least that's the theory.

The problem is the laws on consumption of medicinal marijuana are not defined. Sure Steve Gibson can smoke marijuana, but the law does not state where or where not. And the question is does the medicinal marijuana law give a licensee a Carte Blanche to smoke up wherever they want?

Despite my obvious distaste for the marijuana laws of Canada, I do believe that Steve Gibson is in the wrong here. Just because you can smoke medicinal marijuana does not mean you should loiter outside the entranceway of restaurants smoking a joint where anyone who walks by would have to inhale the smoke. There are other ways Mr. Gibson could have used to take his medication, one without causing Ted Kindos trouble.

Causing issues such as Mr. Gibson is will only give the medicinal marijuana program a bad name. Mr. Gibson could have prepared a tincture to ingest the marijuana, it is more effective and discrete, granted it does take some planning as it is not quite as fast acting as smoking.