Pubdate: Fri, 15 Aug 2014
Source: Prince George Citizen (CN BC)
Copyright: 2014 Prince George Citizen
Contact:  http://www.princegeorgecitizen.com/
Details: http://www.mapinc.org/media/350
Author: Tamsyn Burgmann
Page: 4
Referenced: R. v. Smith: http://mapinc.org/url/SFsYRnzS

MEDICAL MARIJUANA SPREAD ON TOAST, INSIDE COOKIES, TEAS BACKED BY B.C. COURT

VANCOUVER - British Columbia's highest court is green-lighting 
medical marijuana in everything from oils and cookies to teas in a 
ruling that finds federal health laws limiting weed consumption to 
the dried variety is unconstitutional.

The B.C. Appeal Court released its 2-1 decision on Thursday stating 
that medical marijuana access regulations infringe on the charter 
rights of people requiring other forms of cannabis to treat illnesses.

The ruling upheld a decision by a lower court judge over the case of 
Owen Smith, a Victoria man who was charged in 2009 with possession 
for trafficking of THC - marijuana's active compound - while working 
as head baker for the Cannabis Buyers Club of Canada.

Smith challenged the law by arguing some patients want to consume 
their marijuana medicine in butters, brownies, cookies and teas, 
claiming the right to administer the drug in other forms is fundamental.

His lawyer Kirk Tousaw, who also represents other medical 
marijuana-related litigants, said his client is pleased the court 
will allow patients to decided what mode of ingestion works best for 
their particular symptoms and conditions.

"How many people out there really think that a critically and 
chronically ill member of their family shouldn't be entitled to eat a 
medical marijuana cookie if that relieves their pain?" Tousaw said in 
an interview.

"We're talking about the right of patients to find some relief from 
their very serious symptoms and conditions. It's about time our 
government stop wasting our money trying to prevent people from doing that."

The Appeal Court ruled its judgement may be suspended for one year in 
order to allow Parliament time to amend the regulations to ensure 
they are constitutional.

The Crown appealed the decision from B.C. Supreme Court where the 
judge there ordered the word "dried" and the definition of "dried 
marijuana" to be deleted from the regulations.

The Appeal court judges agreed with the lower court judge in amending 
the legislation, saying that was a job for Parliament.

Both Smith and the Crown have the right to appeal to the Supreme 
Court of Canada, but neither has yet decided whether to do so.

Health Minister Rona Ambrose was not available for an interview. The 
ministry said it was reviewing the decision and considering its options.

Tousaw said he's hoping the ruling prompts the federal government to 
re-evaluate its policies. But he noted a potential obstacle will be 
the fact that the decision centres on a regulation scheme that no 
longer exists, rather than its new, commercial revision.

Scores of lawsuits have been filed challenging the federal 
government's attempted overhaul of the system that took effect in 
April and limits marijuana production to licensed commercial growers.

While more than 200 lawsuits filed via an online legal kit have been 
put on hold, an ongoing Federal Court case is expected to be heard in 
February of next year.

The judge had issued an injunction allowing many patients to 
temporarily grow pot at home.

This latest ruling may bolster the other cases, Tousaw said.

Smith, who did not have a medical marijuana card, was arrested while 
in the process of cooking up pot medicine. His lawyer said he had 
expertise in turning dried marijuana into salves, oils and baked 
goods, knowing the precise amounts of the drug to use and the best 
process for making "effective and safe" products.

Many individuals do not know how to do that, Tousaw said, adding that 
people usually laugh about scenarios where someone accidentally eats 
a really strong pot brownie and ends up having a "significant 
psychedelic experience.

"A lot of people don't want that, they just want not to hurt," he said.

The difficulty with the law is that it makes it legal to use pot in 
your own kitchen, but illegal to pay someone with sophisticated, 
analytical equipment to do it for them, Tousaw said.

"If my grandma wants to use medical cannabis to deal with arthritis 
pain, I think she should be entitled to go and purchase it from 
someone who can say, 'Look, eat half a cookie and you're ingesting 14 
mg of THC,"' he said. "Then she can know for herself what the 
appropriate dosage is."
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MAP posted-by: Jay Bergstrom