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."
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MAP posted-by: Jay Bergstrom