Pubdate: Fri, 11 Jan 2013 Source: Nanaimo Daily News (CN BC) Copyright: 2013 Nanaimo Daily News Contact: http://www.canada.com/nanaimodailynews/ Details: http://www.mapinc.org/media/1608 Author: Ben Ingram CANNABIS BAKER ACQUITTED OF DRUG CHARGES The head baker of the Cannabis Buyers' Club of Canada has been acquitted of two drug charges in a case that legal experts say could have national ramifications - but the fight may not be over yet. Owen Smith, 30, appeared in court in Nanaimo on Thursday in relation to marijuana possession charges he received after a December 2009 police raid on his Victoria apartment. Officers found a large amount of cannabis-infused cooking oils and baked goods that were destined for sale through the Cannabis Buyers' Club. Smith was charged with possession of marijuana for the purposes of trafficking. The compassion club employee fought the charges with a constitutional challenge against Canadian medical marijuana laws. The defence argued that it was unconstitutional to prevent dry marijuana from being rendered into oils and other substances for medical purposes. "It's more about how the decision would affect the overall regulatory scheme, not just now in B.C. but potentially across Canada," said Smith's lawyer, Kirk Tousaw. Smith had pleaded not guilty to the charges, but did previously admit that he had possessed products that contained the drug with the intent to sell it. Nevertheless, B.C. Supreme Court Justice Robert Johnston had ruled it unconstitutional to restrict patients to use of only the dried plant. Health Canada was given a year to respond to the decision and Smith was expected to face a jury, but last month the defence was told that the Crown did not intend to enter any evidence. The case could go before the Court of Appeal, the highest court in the province. "It's definitely a huge step in the right direction. I look forward to going to the Court of Appeal and hopefully seeing Judge Johnston's decision affirmed," said Tousaw. The lawyer said such a decision could confirm that under the Charter, critically ill patients have the right to use marijuana in any manner they wish, in addition to smoking or vaporizing the dried plant. Paul Pearson of the Canadian Bar Association said such a decision could have a far-reaching impact on the country's drug laws. "This case is bigger than him," said Pearson. "It has broad ramifications for medical marijuana users in B.C. and potentially across the country, but what is unknown at this time is how the government is going to respond." Smith said he was happy to have avoided a criminal record thus far, but said treatment options for the critically ill across the country will be on the line if the Crown pursues an appeal. He said about a dozen members of the club are prepared to testify if that should happen. "I'm glad that I've seen it be verified in this very serious way. We'd like to see that continue, to help people," he said. "It's in the Crown's hands right now." The Crown has 30 days to appeal the ruling. - --- MAP posted-by: Jo-D