Pubdate: Thu, 14 Aug 2014 Source: Daily Courier, The (CN BC) Copyright: 2014 The Okanagan Valley Group of Newspapers Contact: http://drugsense.org/url/5NyOACet Website: http://www.kelownadailycourier.ca Details: http://www.mapinc.org/media/531 Referenced: R. v. Smith: http://mapinc.org/url/SFsYRnzS RULING VINDICATES PARENTS OF SICK SUMMERLAND TOT In a decision that will affect a Summerland couple's efforts to treat their daughter's seizures, the B.C. Appeal Court has ruled the federal government's restriction on allowing only dried marijuana to be used under its medical access regulations is unconstitutional. Two-year-old Kyla Williams, who has a severe seizure disorder, has shown marked improvement during the past five months while her family has been treating her with cannabis oil. The only problem is, it's illegal. Her parents, Jared and Courtney Williams, said last week they were willing to break the law to provide Kyla with the cannabis oil, which dramatically reduced the hundreds of seizures she was suffering daily. Under new medical marijuana regulations, which came into effect April 1, home grow-ops and production of marijuana products became illegal. Now, licensed producers can only sell dried marijuana, leaving derivative products such as oils or marijuana butters and salves in legal limbo. Kyla's family went public to raise awareness about changing the regulations after having success with the oil and exhausting all the treatment options offered by family doctors. Thursday's court ruling followed a legal challenge by Owen Smith, who argued some patients want to consume their marijuana medicine in butters, brownies, cookies and teas. Smith claimed the right to administer the drug in other forms is fundamental, but that was denied by federal government regulations. In a two-to-one decision, the court ruled the law does infringe on the charter rights of those who require other forms of cannabis to treat illnesses. However, the Appeal Court ruled the effect of its judgment will be suspended for a year in order to allow Parliament time to amend the regulations to make sure it is constitutional. That leaves Smith and the Williamses still in limbo. "It's a scary place to be," said Kyla's grandmother, Elaine Nuessler. The family said they "don't care about repercussions" and will continue to give Kyla the cannabis oil. "The seizures themselves and the medications prescribed by the doctors were causing a progressive deterioration," Elaine said. Kyla lost motor skills to the point where she could not even suck her thumb and was becoming less responsive to the world around her." Cannabis oil is high in cannabidiol (CBD), the compound used to treat conditions such as Kyla's, but low in THC, a psychoactive component that is associated with pain relief and which causes the high that's attractive to recreational users of marijuana. 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 Williams family first considered the cannabis oil treatment after Kyla's great-grandfather saw a CNN feature about how cannabis is helping children with epilepsy and other conditions. "This was the day after we'd received the devastating news from doctors that they were down to the last drug, and Kyla may seizure for the rest of her very short life," Elaine said. Dramatic results were observed almost immediately after the first dose. "We were astonished and so thankful when Kyla no longer had any seizures or only a very few each day. Her overall condition continues to improve both physically and mentally. Kyla is alert, increasingly socially interactive and loves sucking her thumb," Courtney said. "It's critical that people educate themselves about medical marijuana and join in the struggle to have derivatives legalized," Chris said. "As a retired RCMP officer, I had to do a 180 on marijuana after seeing its benefits." - --- MAP posted-by: Jay Bergstrom