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. 
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MAP posted-by: Jo-D