Pubdate: Fri, 15 Aug 2014
Source: National Post (Canada)
Copyright: 2014 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Tamsyn Burgmann
Page: A5
Referenced: R. v. Smith: http://mapinc.org/url/SFsYRnzS

COURT RULES FOR POT BROWNIES

Ban Breaks Charter

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 pot consumption to the 
dried variety are unconstitutional.

The B.C. Appeal Court released a 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 in 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.

Mr. 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 decide 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?" Mr. Tousaw 
said. "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 judgment may be suspended for one year in 
order to allow Parliament time to amend the regulations.

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

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

The Health Ministry said it was reviewing the decision and 
considering its options.

Mr. 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 regulatory 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.
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MAP posted-by: Jay Bergstrom