A Hamilton medical pot patient has filed an affidavit against the Canadian government arguing that his Charter rights were violated both by being arrested for growing pot and being denied access to his medicine while incarcerated.

Mike Szymczak, 31, maintains the ruling Conservative Party's June announcement to only allow licensed cultivators to provide pot beginning in April 2014 is unconstitutional.

Szymczak suffers from degenerative disc disease in his back due to a 2007 auto accident and argues that the new medical marijuana rules will force him and other pot patients to turn to the illegal black market to obtain their medicine at an affordable cost. 

Szymczak's litigation also stems from his April 2012 incarceration at the Hamilton-Wentworth Detention Centre after police raided his pot garden. He claims he was held there for three days without access to the 20 grams of medical marijuana he is to consume daily and thus was subjected to cruel and unusual punishment – forbidden by the Canadian Charter.

Professor Alan Young told CBC News that if Szymczak's challenge is heard in court, the government would lose, partially because it appears the new program of licensed growers will likely not be properly in place by April 2014, thus preventing legal pot patients from receiving their medicine.