Pubdate: Wed, 18 Jan 2012
Source: Alberni Valley Times (CN BC)
Copyright: 2012 Alberni Valley Times
Contact:  http://www.canada.com/vancouverisland/albernivalleytimes/
Details: http://www.mapinc.org/media/4043
Author: Louise Dickson

B.C. COURT URGED TO SNUFF OUT MEDICAL POT ACCESS RULES

A Victoria man who was the head baker for the Cannabis Buyers' Club 
of Canada has started a constitutional challenge against Health 
Canada's medical-marijuana access regulations.

Owen Edward Smith, 29, was charged on Dec. 3, 2009, with possession 
for the purpose of trafficking THC, one of the active ingredients in 
marijuana. He is also charged with unlawful possession of marijuana.

Smith was charged two years ago after the manager of an apartment 
building complained to police about a strong, offensive smell wafting 
through the building. Police arrested Smith and obtained a search warrant.

They discovered the suite was being used as a bakery. Officers 
recovered substantial quantities of cannabis-infused olive and 
grapeseed oil, as well as pot cookies, destined for sale through the club.

Smith's trial began Monday in B.C. Supreme Court, but the case could 
be thrown out before a jury hears it. Although Smith pleaded not 
guilty to the charges, admissions of fact were entered into the court 
record, in which he basically admits the essential elements of the offences.

However, the trial moved quickly into a voir dire - a trial within a 
trial - to allow Smith's defence lawyer, Kirk Tousaw, to challenge 
the validity of the Controlled Drugs and Substances Act regarding marijuana.

Tousaw asked Justice Robert Johnston to enter a stay of proceedings, 
arguing that marijuana is a reasonable choice for the patients and 
members of the Cannabis Buyers' Club of Canada.

Tousaw also will argue that decisions of the Canadian government, 
following a number of challenges over the past 10 years, have been in 
contempt of the courts.

"The courts have said many times access to marijuana is a right 
guaranteed by the Charter (of Rights and Freedoms) and that the 
government ought to expand and open up the restrictions in its 
current regime," Tousaw told media outside the Victoria courthouse.

"The government's response to that has been woefully inadequate."

Under the charter, Health Canada's medical-marijuana program is 
unduly restrictive and constitutionally flawed, said Tousaw. People 
authorized to use marijuana for medical reasons are allowed to 
possess it only in dried form.

"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 said.
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MAP posted-by: Jay Bergstrom