Pubdate: Fri, 15 Aug 2014
Source: Vancouver 24hours (CN BC)
Copyright: 2014 Vancouver 24 hrs.
Author: Michael Mui
Page: 3
Cited: R. v. Smith:


B.C. Court of Appeal says government must revise laws to reflects its

Canadian government has one year to acknowledge that those who carry
marijuana - possession permits are allowed to use pot cookies, oils,
gels, ointments and other forms that aren't considered "dried" herb.
The order came from the B.C. Court of Appeal after a Victoria - based
group successfully won a constitutional argument to have the ban on
alternative forms of marijuana "declared of no force and effect."

In a split ruling, the court decided on Thursday that those who don't
want dried marijuana could have their physician provide an exemption
for "edible or topical cannabis."

Ted Smith, founder of the Cannabis Buyers Club of Canada, said winning
this case would've amounted to the 15th time his society has
successfully challenged marijuana violations. Smith has no qualms
about admitting the fact his storefront is illegal - he said his
organization does what it does as a health service.

"We just get protected by the courts after we get arrested," he said.
"We open up our doors right away after the raids and have never slowed
down." He said many patients refuse to smoke weed for treatment - and
yet, are worried about using edible or topical forms of the drug
because of its legal status.

"This is giving us, and our members, a huge peace of mind. For
patients to feel like criminals because they need medicine that's
illegal, that's absurd." The case began in 2009 when employee Owen
Smith - no relation to Ted - was arrested and charged with two
marijuana trafficking counts after he was caught running a pot bakery
out of an apartment.

He was acquitted of both charges.
- ---
MAP posted-by: Matt