Paul Lewin

Sep 28, 2021

Alison Myrden submits to the Minister of Health a s. 56 application to grow 50 grams/ day of psilocybin mushrooms

Cannabis & Psychedelics Law Group LLP have submitted a s. 56 application on behalf of Alison Myrden to the Minister of Health seeking a 50 grams/ day exemption.

Cannabis & Psychedelics Law Group LLP have submitted a s. 56 application on behalf of Alison Myrden to the Minister of Health seeking a 50 grams/ day exemption which would also allow Ms. Myrden to grow her own psilocybin. Henria Stephens has done some terrific work in assisting with this application.

Ms. Myrden suffers from Bilateral Trigeminal Neuralgia which is a vicious condition that causes chronic and excruciating pain on both sides of her face, as well as painful facial tics. The trigeminal nerve is the source of the pain. It leads to eye pain that causes cluster migraines. Some sufferers describe it as getting electric shocks to the face. This condition “is one of the most characteristic and difficult to treat neuropathic pain conditions in patients with multiple sclerosis.” It has caused her to suffer from severe facial pain 24 hours a day which starts as soon as she is conscious in the mornings.

Ms. Myrden also suffers from Primary Progressive Multiple Sclerosis (PPMS) which is the worst type of MS. Her MS has gotten worse and worse. She suffers from constant nerve pain, fatigue, balance issues, vision problems and speech problems. The psilocybin helps with all of these.  

Ms. Myrden has tried a long list of drugs and treatments. Many of these drugs have caused further health problems. Cannabis has helped. However, nothing is as effective at reducing the pain as psilocybin. This is similar to the cluster headache sufferers who have obtained relief through psilocybin. Ms. Myrden requires 50 grams of psilocybin mushrooms a day. She has developed somewhat of a tolerance to psilocybin mushrooms so she needs a bit more than the average person. She also needs psilocybin mushrooms all through the day as her pain is with her all through the day.

Ms. Myrden is seeking to grow her psilocybin herself. Psilocybin mushrooms do not grow in the wild where Ms. Myrden lives. Also, she is cautious about inadvertently picking mushrooms that are unsafe for human consumption. She would prefer to have control over her medicine. At the Ontario Court of Appeal found in Hitzig v. Canada, the right to use a drug is useless without a legal supply.

The decision to grant a s. 56 exemption must be made in a manner consistent with the Charter of Rights and Freedoms. The Supreme Court of Canada, in PHS Community Services Society v. Canada 2011 SCC 44, at para. 117, said 

The discretion vested in the Minister of Health is not absolute: as with all exercises of discretion, the Minister's decisions must conform to the Charter: Suresh v. Canada (Minister of Citizenship & Immigration), 2002 SCC 1, [2002] 1 S.C.R. 3 (S.C.C.). If the Minister's decision results in an application of the CDSA that limits the s. 7 rights of individuals in a manner that is not in accordance with Charter, then the Minister’s discretion has been exercised unconstitutionally.

Ms. Myrden believes the Minister of Health will do the right thing and grant Ms. Myrden an exemption. As various courts have held over the years, no person should have to choose between their health and the law.