420 Warrior
Well-Known Member
People authorized to use medical marijuana can bake it in brownies and drink it in their tea, not just smoke it in dried form, the B.C. Supreme Court ruled Friday.
Justice Robert Johnston concluded that the restriction to dried marijuana in Health Canada's Marijuana Medical Access Regulations is unconstitutional because it breaches Section 7 of the Charter of Rights and Freedoms.
On April 27, Johnston will hear arguments on how and when the amendments to the regulations go into effect. The Crown will ask the judge to suspend implementation of his decision for one year, said federal prosecutor Peter Eccles.
"The amendments will be anything but simple. We need some time to ensure everyone who is complying with the program knows they are in compliance," Eccles said. "We're dealing with criminal consequences for medication."
The decision arises out of a constitutional challenge by Owen Smith, the head baker for the Cannabis Buyers' Club of Canada.
Smith, 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking and unlawful possession of marijuana, two years after the manager of the Chelsea apartments on View Street complained to police about a strong, offensive smell wafting through the building.
Police obtained a search warrant and found substantial quantities of cannabisinfused olive and grapeseed oil and pot cookies. At the time Smith was charged, he was producing topical and edible cannabisbased products to be sold through the club.
Smith's trial began in January with a voir dire - a trial within a trial - on an application challenging the restrictions that allow authorized users to possess medical marijuana in dried form only.
Defence lawyer Kirk Tousaw argued the laws were unconstitutional and arbitrary and did not further the government's interests in protecting the health and safety of the public. Instead, they forced the critically and chronically ill to predominantly smoke medical marijuana, which was potentially harmful.
"Even an authorized person, under Health Canada's regime, is unable to produce cannabis butter to make cookies to eat before bed or when they get up in the morning to deal with chronic pain," he told the court.
During the voir dire, patients testified they wanted the opportunity to drink tea infused with cannabis, eat pot cookies and apply topical oils infused with cannabis. These other modes of ingestion are more effective and less harmful than smoking or vaporizing dried marijuana, Tousaw said.
On Friday, Tousaw said he was grateful for Johnston's decision. "This will pave the way for permitted users to possess and produce this medical substance in forms other than dried," he said. "Permitted users can drink it in tea or bake it with edible oils."
News Hawk - 420 Warrior 420 MAGAZINE
Location: Canada
Source: Victoria Times-Colonist
Author: Louise Dickson
Contact: www2.canada.com
Copyright: 2012 Times Colonist
Website: www.timescolonist.com
Justice Robert Johnston concluded that the restriction to dried marijuana in Health Canada's Marijuana Medical Access Regulations is unconstitutional because it breaches Section 7 of the Charter of Rights and Freedoms.
On April 27, Johnston will hear arguments on how and when the amendments to the regulations go into effect. The Crown will ask the judge to suspend implementation of his decision for one year, said federal prosecutor Peter Eccles.
"The amendments will be anything but simple. We need some time to ensure everyone who is complying with the program knows they are in compliance," Eccles said. "We're dealing with criminal consequences for medication."
The decision arises out of a constitutional challenge by Owen Smith, the head baker for the Cannabis Buyers' Club of Canada.
Smith, 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking and unlawful possession of marijuana, two years after the manager of the Chelsea apartments on View Street complained to police about a strong, offensive smell wafting through the building.
Police obtained a search warrant and found substantial quantities of cannabisinfused olive and grapeseed oil and pot cookies. At the time Smith was charged, he was producing topical and edible cannabisbased products to be sold through the club.
Smith's trial began in January with a voir dire - a trial within a trial - on an application challenging the restrictions that allow authorized users to possess medical marijuana in dried form only.
Defence lawyer Kirk Tousaw argued the laws were unconstitutional and arbitrary and did not further the government's interests in protecting the health and safety of the public. Instead, they forced the critically and chronically ill to predominantly smoke medical marijuana, which was potentially harmful.
"Even an authorized person, under Health Canada's regime, is unable to produce cannabis butter to make cookies to eat before bed or when they get up in the morning to deal with chronic pain," he told the court.
During the voir dire, patients testified they wanted the opportunity to drink tea infused with cannabis, eat pot cookies and apply topical oils infused with cannabis. These other modes of ingestion are more effective and less harmful than smoking or vaporizing dried marijuana, Tousaw said.
On Friday, Tousaw said he was grateful for Johnston's decision. "This will pave the way for permitted users to possess and produce this medical substance in forms other than dried," he said. "Permitted users can drink it in tea or bake it with edible oils."
News Hawk - 420 Warrior 420 MAGAZINE
Location: Canada
Source: Victoria Times-Colonist
Author: Louise Dickson
Contact: www2.canada.com
Copyright: 2012 Times Colonist
Website: www.timescolonist.com
