Tousaw, Kirk
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101 CN BC: PUB LTE: Staff Sgt. Hunter On Medical MarijuanaThu, 12 Mar 2015
Source:Parksville Qualicum Beach News (CN BC) Author:Smith, Ted Area:British Columbia Lines:36 Added:03/12/2015

When Staff Sgt. Brian Hunter spoke to the Chamber of Commerce last month, in my opinion he made some misleading statements about a case soon to be heard by the Supreme Court of Canada.

Hunter is incorrect to say that Owen Smith argued he was licensed by the government. The exact opposite is true.

Owen has never had a licence to possess cannabis and was arrested while working for the Victoria Cannabis Buyers Club.

Lawyer Kirk Tousaw focused on the fact that making tea or butter from dry plant material is not legal, even for a patient with a licence.

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102 CN BC: Vancouver Marijuana Users Embrace The Super Highs Of DabbingThu, 22 Jan 2015
Source:Georgia Straight, The (CN BC) Author:Lupick, Travis Area:British Columbia Lines:109 Added:01/23/2015

THE AVERAGE MARIJUANA bud one finds on the streets of Vancouver has a THC concentration in the neighbourhood of 25 percent. That's a lot stronger than what people were smoking back in the '60s, but it's got nothing on the high that "dabbing" can deliver.

Dabbing, an old technique that's seeing a surge in popularity, involves smoking cannabis products with THC concentrations above 90 percent.

"When you take it to that level, there can be heart palpitations-it's very, very strong," said Terry Roycroft, CEO of Medicinal Cannabis Resource Centre Inc. "It's certainly not for everybody. When it comes to extractions, we're talking about very heavy recreational use and, for very knowledgeable people, using it for medical reasons."

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103Canada: Patients Can Grow Pot At Home Until Case EndsTue, 16 Dec 2014
Source:Calgary Herald (CN AB) Author:Keller, James Area:Canada Lines:Excerpt Added:12/17/2014

The Conservative government has lost its latest attempt to prevent medical marijuana users from growing pot at home, with the Federal Court of Appeal upholding an injunction that exempted patients from a massive overhaul of the system.

New rules were introduced earlier this year that prohibited home growing and instead shifted production to commercial operations, but a group of patients is challenging that regime in a case expected to be heard in the new year.

A Federal Court judge issued an injunction in the spring that allowed patients who were authorized to grow and possess marijuana under the old system to continue to do so until their case is resolved.

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104Canada: Patients Get Green Light To Keep Growing Own PotTue, 16 Dec 2014
Source:Regina Leader-Post (CN SN) Author:Keller, James Area:Canada Lines:Excerpt Added:12/17/2014

Feds Want Commercial Operations Only

VANCOUVER - The Conservative government has lost its latest attempt to prevent medical marijuana users from growing pot at home, with the Federal Court of Appeal upholding an injunction that exempted patients from a massive overhaul of the system.

New rules were introduced earlier this year that prohibited home growing and instead shifted production to commercial operations, but a group of patients is challenging that regime in a case expected to be heard in the new year.

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105Canada: Court Upholds Marijuana InjunctionTue, 16 Dec 2014
Source:Province, The (CN BC) Author:Keller, James Area:Canada Lines:Excerpt Added:12/17/2014

The Conservative government has lost its latest attempt to prevent medical-marijuana users from growing pot at home, with the Federal Court of Appeal upholding an injunction that exempted patients from a massive overhaul of the system.

New rules were introduced earlier this year that prohibited home growing and instead shifted production to commercial operations, but a group of patients is challenging that regime in a case expected to be heard in the new year.

A Federal Court judge issued an injunction in the spring that allowed patients who were authorized to grow and possess marijuana under the old system to continue to do so until their case is resolved. The government appealed, but the Appeal Court released a unanimous decision Monday upholding the injunction.

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106Canada: Ottawa Appealing Medical Marijuana RulingThu, 02 Oct 2014
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:Canada Lines:Excerpt Added:10/02/2014

The federal government is heading to the Supreme Court of Canada to determine whether medical marijuana patients have a constitutional right to cannabis oils, butters, teas and lotions.

The Public Prosecution Service of Canada last month filed a notice of appeal of the decision of B.C.'s Court of Appeal in the Owen Smith case.

On Aug. 14, in a 2-1 judgment, the appeal court said the country's medical marijuana legislation was unconstitutional because it restricts patients to possessing and smoking only the dried plant material.

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107 CN BC: Wider Use Of Medical Pot Ok'dFri, 15 Aug 2014
Source:Winnipeg Free Press (CN MB) Author:Burgmann, Tamsyn Area:British Columbia Lines:92 Added:08/20/2014

Top B.C. court allows non-smoked forms

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 are unconstitutional.

The B.C. Appeal Court released its 2-1 decision on Thursday stating 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.

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108CN BC: Restrictions On Medical Marijuana Unconstitutional, B.C. CourtFri, 15 Aug 2014
Source:Ottawa Citizen (CN ON) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:08/20/2014

B.C.'s highest court has ruled there is a constitutional right to pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2-1 judgment, the provincial Court of Appeal said the country's medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking.

The top bench suspended its ruling to give the federal government a year to amend the law to allow patients access to edibles and derivatives - such as creams, salves, brownies, cakes, cookies and chocolate bars.

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109 CN BC: Medical Marijuana Spread on Toast, Inside Cookies, TeasFri, 15 Aug 2014
Source:Prince George Citizen (CN BC) Author:Burgmann, Tamsyn Area:British Columbia Lines:104 Added:08/17/2014

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.

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110CN BC: Court Rules For Pot BrowniesFri, 15 Aug 2014
Source:National Post (Canada) Author:Burgmann, Tamsyn Area:British Columbia Lines:Excerpt Added:08/17/2014

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.

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111CN BC: Medical Marijuana Restrictions UnconstitutionalFri, 15 Aug 2014
Source:StarPhoenix, The (CN SN) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:08/17/2014

VANCOUVER - B.C.'s highest court has ruled there is a constitutional right to tasty pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2-1 judgment, the provincial Court of Appeal said the country's medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking.

The top bench suspended its ruling to give Ottawa a year to amend the law to allow patients access to edibles and derivatives - such as creams, salves, brownies, cakes, cookies and chocolate bars.

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112 CN BC: Let Them Eat Cannabis, B.C. Appeal Court RulesFri, 15 Aug 2014
Source:Toronto Star (CN ON) Author:Burgmann, Tamsyn Area:British Columbia Lines:68 Added:08/17/2014

Limiting medical marijuana to dried variety violates Charter rights, judges find

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.

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113CN BC: B.C.'s Top Court Lifts Restrictions on MedicalFri, 15 Aug 2014
Source:Montreal Gazette (CN QU) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:08/17/2014

Law Is Unconstitutional Because It Prohibits Edibles, Derivatives, Judges Rule

VANCOUVER - B.C.'s highest court has ruled there is a constitutional right to tasty pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2-1 judgment, the province's Court of Appeal said the country's medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking.

The court suspended its ruling to give Ottawa a year to amend the law to allow patients access to edibles and derivatives - such as creams, salves, brownies, cakes, cookies and chocolate bars.

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114CN BC: Cookies and Other Pot Derivatives Cleared for Patients'Fri, 15 Aug 2014
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:08/17/2014

Judgment: State Should Not Interfere With How Canadians Manage Health Issues

B. C.' s highest court has ruled there is a constitutional right to tasty pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2- 1 judgment, the provincial Court of Appeal said the country's medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking. The top bench suspended its ruling to give Ottawa a year to amend the law to allow patients access to edibles and derivatives - such as creams, salves, brownies, cakes, cookies and chocolate bars.

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115CN BC: Medical Pot Restrictions UnconstitutionalFri, 15 Aug 2014
Source:Regina Leader-Post (CN SN) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:08/17/2014

Options Other Than Smoking a Right, Court Says

VANCOUVER - B.C.'s highest court has ruled there is a constitutional right to tasty pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2-1 judgment, the provincial Court of Appeal said the country's medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking.

The top bench suspended its ruling to give Ottawa a year to amend the law to allow patients access to edibles and derivatives - such as creams, salves, brownies, cakes, cookies and chocolate bars.

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116CN BC: Court Backs Pot-Cookie Baker In CityFri, 15 Aug 2014
Source:Victoria Times-Colonist (CN BC) Author:McCulloch, Sandra Area:British Columbia Lines:Excerpt Added:08/16/2014

Medical Marijuana OK'd In Oil, Brownies

Patients can take their medical marijuana in oils, cookies and teas after B.C.'s highest court ruled that federal health laws limiting use to dried leaves are unconstitutional.

The B.C. Court of Appeal released its 2-1 ruling on Thursday, upholding a lower court decision in the case of Victoria resident Owen Smith, who was charged in 2009 with possession for trafficking of THC, marijuana's active compound. Smith, arrested while baking cookies for the Cannabis Buyers Club of Canada, was also charged with possession of dried marijuana.

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117 CN BC: Marijuana Offences Are Up But Vancouver Police Stress They'reThu, 10 Jul 2014
Source:Georgia Straight, The (CN BC) Author:Lupick, Travis Area:British Columbia Lines:54 Added:07/14/2014

THE VANCOUVER POLICE Department wants you to know that it is not cracking down on marijuana.

Chief Const. Jim Chu made a notable point of stressing that message in the VPD's annual report for 2013.

"One statistic that may surprise you is the increase in cannabis incidents," Chu states there. "That number has jumped from 864 in 2012 to 1,048 last year. This does not reflect a hardening of the VPD drug policy. Our policy is and remains one that focuses on violent drug dealers who prey on marginalized and vulnerable people."

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118CN BC: Pro-Pot Group Sues B.C. Ferries, City Of SurreyFri, 20 Jun 2014
Source:Province, The (CN BC)          Area:British Columbia Lines:Excerpt Added:06/21/2014

The folks behind a push to put a marijuana-decriminalization referendum to voters are suing B.C. Ferries and the City of Surrey for denying canvassers an opportunity to sign up the public during their recent unsuccessful referendum campaign.

SensibleBC lawyer Kirk Tousaw said civic and ferry officials harassed canvassers. He said preventing canvassers from operating denies them their Charter rights to political expression.

SensibleBC director Dana Larsen said ferries officials threatened canvassers and called police. "Happily, police declined to make any arrests, but they should not have been called in the first place."

- - The Province

[end]

119Canada: More Pot Lawsuits Sprout Up In OttawaWed, 14 May 2014
Source:Alberni Valley Times (CN BC) Author:Keller, James Area:Canada Lines:Excerpt Added:05/15/2014

The lawsuits challenging Ottawa's attempted overhaul of the medical marijuana system continue to pile up, meaning the government will be forced to defend the new regulations in multiple courts as patients across the country claim they have a charter right to grow their own pot.

Hundreds of people have filed lawsuits in recent months in various courts, arguing new regulations that took effect in April restricting marijuana production to licensed commercial growers are unconstitutional.

Most of those cases have been delayed until the results of an ongoing Federal Court case, expected to be heard in February of next year, challenging the new regime. The judge in that case issued an injunction allowing many patients to continue growing at home in the meantime.

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120 Canada: Hundreds Sue Ottawa Over Pot LawsWed, 14 May 2014
Source:Globe and Mail (Canada) Author:Keller, James Area:Canada Lines:90 Added:05/14/2014

The lawsuits challenging Ottawa's attempted overhaul of the medical marijuana system continue to pile up, meaning the government will be forced to defend the new regulations in multiple courts as patients across the country claim they have a Charter right to grow their own pot.

Hundreds of people have filed lawsuits in recent months in various courts, arguing new regulations that took effect in April restricting marijuana production to licensed commercial growers are unconstitutional.

Most of those cases have been delayed until the results of an ongoing Federal Court case, expected to be heard in February of next year, challenging the new regime. The judge in that case issued an injunction allowing many patients to continue growing at home in the meantime.

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121 CN BC: Sensible B.C. Campaign Goes Up In SmokeWed, 18 Dec 2013
Source:Cowichan News Leader (CN BC) Author:Degraaf, Ashley Area:British Columbia Lines:58 Added:12/21/2013

Like Most of B.C.: Push to Force Pot Legalization Vote Fails to Gain Traction in Cowichan Valley

Small town stigmas and closet cannabis smokers are what Sensible BC's Kirk Tousaw points to as reasons for a very slim number of local folks signing on to the legalize pot petition.

The Sensible B.C. campaign to spark the decriminalization of marijuana in B.C. recently went up in smoke after falling short of its goal.

Pot activists got 210,000 signatures or about two-thirds of the 300,000 (10% of voters in all 85 B.C. ridings) needed for their initiative petition to trigger a referendum.

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122 CN BC: Sensible B.C. Campaign Aims To Stop Police Busts For PossessionThu, 25 Jul 2013
Source:Georgia Straight, The (CN BC) Author:Smith, Charlie Area:British Columbia Lines:121 Added:07/26/2013

AS HE MUNCHES on a beef sandwich in a cluttered eighth-floor office near Victory Square, Dana Larsen hardly seems the type to have a monumental impact on policing. But don't let his casual attire deceive you. As the financial agent of the Sensible B.C. campaign to stop police from busting people for marijuana possession, Larsen is spearheading a revolution on behalf of pot smokers. And he's hoping that the initiative he's sponsoring to amend the Police Act will have as much success as a similar campaign to eliminate the harmonized sales tax.

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123 CN BC: NWPD Investigation 'Waste Of Taxpayer Money'Wed, 10 Jul 2013
Source:New West News Leader (CN BC) Author:Granger, Grant Area:British Columbia Lines:76 Added:07/15/2013

While a lawyer for a medical marijuana dispensary says New Westminster police wasted taxpayers money targeting his clients the mayor says the city can't turn a blind eye to activity that's against the law.

Kirk Tousaw, a lawyer for the NICE (New Innovations in Cannabis Education) Dispensary, which was run out of a storefront on 12th Street, said police shouldn't be using their limited resources on something the community and the country supports.

New Westminster police recommended charges against three people, including Justin Cleveland, after raiding the dispensary in May. A CBC report last week gave the details of a search warrant that was obtained to proceed in the investigation following a tip to Crimestoppers in May 2012. The report said police conducted three undercover attempts before one was successful in revealing an alleged crime. The first two unsuccessful attempts, Tousaw said, were testament to the dispensary following proper procedures in providing cannabis to those with a medical prescription.

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124CN ON: Column: Indoor Pot GardensFri, 14 Jun 2013
Source:Windsor Star (CN ON) Author:Mulgrew, Ian Area:Ontario Lines:Excerpt Added:06/17/2013

On April Fool's Day next year, Ottawa is officially quitting the pot business and simultaneously uprooting thousands of home-grow operations across the country.

After two years of consultation and review, the federal government announced an overhaul of the medical marijuana program on Monday.

The details will be published June 19, but Health Minister Leona Aglukkaq is banning the indoor pot gardens that are the bane of police departments, fire marshals and municipalities.

A marijuana mail-order system for the ailing will be established. "While the courts have said that there must be reasonable access to a legal source of marijuana for medical purposes, we believe that this must be done in a controlled fashion in order to protect public safety," Aglukkaq said.

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125CN BC: Column: Marijuana Advocates Vow To Fight FederalTue, 11 Jun 2013
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:06/13/2013

On April Fool'sDay next year, Ottawa is officially quitting the pot business and simultaneously uprooting thousands of home-grow operations across the country.

After two years of consultation and review, the federal government announced an overhaul of the medical marijuana program on Monday.

The details will be published June 19, but Health Minister Leona Aglukkaq is banning the indoor pot gardens that are the bane of police departments, fire marshals and municipalities.

A marijuana mail-order system for the ailing will be established.

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126CN BC: New Rules Leave Medical-Pot Users FumingTue, 11 Jun 2013
Source:Victoria Times-Colonist (CN BC) Author:Knox, Jack Area:British Columbia Lines:Excerpt Added:06/13/2013

It's 2 p.m. Monday and Victoria's Cannabis Buyers Club is hopping in a way that would make any retailer green as grass with envy.

Half a dozen people are lined up to buy cookies, oils, capsules, whatever. On its busiest days, this cramped little Johnson Street rabbit warren will serve 400 customers.

Off in a side room, Ron Yayahkeekoot is here not to buy, but to join a discussion on vapourizing techniques. The holder of a Health Canada medical-marijuana licence, he purchases his pot elsewhere, paying $5 a gram to a designated grower - and he worries that new rules issued by Ottawa on Monday are a step backward.

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127CN BC: Government Out Of Time To Make Medical Pot ChangesSat, 01 Jun 2013
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:06/02/2013

A B.C. Supreme Court justice has dismissed a Crown application asking for more time to make amendments to medical marijuana regulations.

Last year, Justice Robert Johnston struck down a section of Health Canada's Marijuana Medical Access Regulations. He ruled that the restriction to dried marijuana was unconstitutional because it breached Section 7 of the Charter of Rights and Freedoms. Johnston's April 12, 2012, ruling meant that patients authorized to use medical marijuana could make cannabis-infused oils, sip it in their tea or bake it in their brownies.

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128CN BC: Column: Court Case Can Expand Debate On Medical MarijuanaTue, 30 Apr 2013
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:05/03/2013

Raid further muddles dispensaries' status

Langley Mayor Peter Fassbender, three councillors, the city administrator and the top local cop have been subpoenaed to testify at the criminal trial of a medical marijuana retailer.

Lawyer Kirk Tousaw wants to grill the civic and police leaders about why they raided a pot dispensary even though its owner acted above board, held a public meeting and discussed the medical need with them before opening.

He obtained subpoenas for community police office coordinator Val Van Den Broek, city administrator Gerald Minchuk, RCMP Supt. Derek Cooke, councillors Teri James, Gayle Martin and Rudy Storteboom, and the mayor.

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129 CN BC: 'Princess Of Pot' Speaks At ForumThu, 28 Mar 2013
Source:Langley Times (CN BC) Author:Ferguson, Dan Area:British Columbia Lines:124 Added:03/29/2013

Wife of Imprisoned Activist Marc Emery, Decries Human Cost of War on Drugs

The war on drugs has become too expensive, the wife of imprisoned marijuana activist Marc Emery told a Langley meeting on a proposed new law to limit pot possession arrests.

Jodie Emery was speaking at a Wednesday, March 20 meeting at the Township municipal hall arranged by Sensible BC, a group that is planning a public referendum on a law that would direct police to ease up in cases of possessing marijuana for personal use.

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130CN BC: Yacub Pleads Guilty To One Count In Medical MarijuanaTue, 05 Mar 2013
Source:Comox Valley Echo (CN BC) Author:Broadley, Lise Area:British Columbia Lines:Excerpt Added:03/09/2013

Ernie Yacub, head of medical marijuana supplier the North Island Compassion Club, has pleaded guilty to one count of possession for the purpose of trafficking in exchange for having a second identical charge stayed.

He will appear in court again March 14 to set a date for sentencing.

Yacub had intended to challenge the validity of laws governing the distribution of medical marijuana but on Monday he entered a guilty plea instead. He said a number of factors lead to the decision, including the prohibitive costs of moving forward with the Charter challenge, the likelihood that a decision in his favour could be overturned on appeal and the fact that a win in court may not translate to much conceivable change for people trying to access medical marijuana.

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131CN BC: Charter Challenge Coming For Local Medical MarijuanaFri, 22 Feb 2013
Source:Comox Valley Echo (CN BC) Author:Broadley, Lise Area:British Columbia Lines:Excerpt Added:02/24/2013

Comox Valley activist Ernie Yacub is preparing to take his fight for the public's right access medical marijuana to court on March 4 when he'll challenge the constitutionality of the laws governing medical pot and the way it's controlled.

After appearing briefly in Courtenay Provincial Court Tuesday, Yacub and his lawyer Kirk Tousaw confirmed that they plan to challenge the validity of the Controlled Drugs and Substances Act as it applies to cannabis used for medical or therapeutic purposes under the Canadian Charter of Rights and Freedoms.

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132 CN BC: One Win For All Cannabis-KindThu, 17 Jan 2013
Source:Monday Magazine (CN BC) Author:Pope, Danielle Area:British Columbia Lines:90 Added:01/17/2013

Despite historic ruling, marijuana growers now face new hurdle

A historic court decision has dropped all drug charges against the former baker of the Cannabis Buyer's Club - a win that is likely to have ramifications across the country, according to the club's lawyer. But despite the good news for marijuana advocates, a new battle has now crested the horizon.

Club baker Owen Smith was officially acquitted in the B.C. Supreme Court in Nanaimo on Thurs., Jan. 10. While the case is expected to head to the B.C. Court of Appeal, Smith's lawyer Kirk Tousaw is pleased with the prospect, stating that a Court of Appeal ruling affirming Thursday's decision could have a far-reaching impact.

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133CN BC: Cannabis Baker Acquitted Of Drug ChargesFri, 11 Jan 2013
Source:Nanaimo Daily News (CN BC) Author:Ingram, Ben Area:British Columbia Lines:Excerpt Added:01/12/2013

The head baker of the Cannabis Buyers' Club of Canada has been acquitted of two drug charges in a case that legal experts say could have national ramifications - but the fight may not be over yet.

Owen Smith, 30, appeared in court in Nanaimo on Thursday in relation to marijuana possession charges he received after a December 2009 police raid on his Victoria apartment.

Officers found a large amount of cannabis-infused cooking oils and baked goods that were destined for sale through the Cannabis Buyers' Club. Smith was charged with possession of marijuana for the purposes of trafficking.

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134CN BC: Pot Baker In Clear, But More Battles May LoomSat, 29 Dec 2012
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:12/29/2012

The head baker of the Cannabis Buyers' Club of Canada will be acquitted of two outstanding drug offences - but medical-marijuana fans shouldn't celebrate too quickly.

Lawyers say the Crown has left the door open to appeal a landmark medical-marijuana ruling that allowed people authorized to use marijuana to drink it in tea or bake it in brownies or cookies.

In April, Owen Smith won a constitutional challenge against Health Canada's medical-marijuana laws. Smith had been charged in December 2009 with possession for the purpose of trafficking and unlawful possession of marijuana after the manager of the Chelsea apartments on View Street complained to police about a strong, offensive smell wafting through the building.

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135CN BC: Column: Proposed Changes To Medical Marijuana ProgramThu, 20 Dec 2012
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:12/20/2012

The federal government has ignited a great debate with its recently announced plans to overhaul the 13-year-old medical marijuana program because it is far too popular.

The numbers and the burgeoning size of the legal pot market are so staggering Ottawa is trying to slow it down and at the same time eliminate home growing.

If registration continues apace, Health Canada estimates that by 2014, more than 50,000 people will be authorized to legally possess pot for their ills.

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136 Canada: Canada's War On Marijuana Ramps Up With Amendments To ControlledThu, 22 Nov 2012
Source:Georgia Straight, The (CN BC) Author:Pablo, Carlito Area:Canada Lines:84 Added:11/25/2012

Earlier this year, John Anderson bought an exhaust fan at one of a number of hydroponics stores in Nanaimo.

He needed the device because aside from teaching at Vancouver Island University, the criminology professor runs a home business with his partner, producing dried dog treats under the brand name Kali Wags.

"I said to the fellow who ran the store, the proprietor, 'This is amazing; to whom do you sell?' " Anderson recalled for the Georgia Straight in a phone interview. "And he said, 'I would say that 85 percent of our business is to people who use cannabis for medical purposes.' "

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137CN BC: Pot Possession Charges Up 88 Per CentSat, 03 Nov 2012
Source:Vancouver Sun (CN BC) Author:McKnight, Zoe Area:British Columbia Lines:Excerpt Added:11/06/2012

Poll Suggests Three-Quarters of Population Would Rather Tax and Regulate Marijuana

A recent report on British Columbia crime trends shows the number of marijuana possession charges continues to climb, despite the fact many British Columbians want to see marijuana decriminalized.

The crime trends report, released in late October by the police services division of the B. C. Ministry of Justice, showed an 88- per- cent increase in possession charges over the last decade: to 3,774 charges last year from 2,004 charges in 2002.

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138CN BC: Column: B.C. Favours Sensible Marijuana PolicyFri, 05 Oct 2012
Source:Victoria Times-Colonist (CN BC) Author:Corregan, Shannon Area:British Columbia Lines:Excerpt Added:10/05/2012

Last week, delegates at the Union of B.C. Municipalities convention voted in support of the decriminalization and taxation of marijuana.

This vote was in accordance with the principles of the Sensible Policing Act put forward by the Sensible B.C. Campaign, which aims to decriminalize the possession of marijuana, regulate its use (i.e., prohibit minors from using it, just as we do with tobacco and alcohol) and call on the federal government to allow B.C. to investigate how to best tax it for revenue.

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139CN BC: Column: Fix B.C.'s ' Drug Problem' By LegalizingFri, 21 Sep 2012
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:09/22/2012

Eliminating Pot Possession Charges Would Ease Court Backlogs, Fall in Step With Other Western Jurisdictions

With three western American states mulling legalized marijuana and the Union of B.C. Municipalities set to debate it, a new group wants the province to stop enforcing the federal criminal ban on pot.

Several prominent cannabis crusaders have drafted a proposed law, called the Sensible Policing Act, and are asking for a provincial commission to study the regulation and taxation of the demonized plant.

Vancouver lawyer Kirk Tousaw said the would-be act instructs police to stop arresting adults for possession, while minors still would not be allowed to possess pot.

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140 CN BC: Dope-Dealing Trial Waits 46 MonthsSun, 16 Sep 2012
Source:North Shore News (CN BC) Author:Seyd, Jane Area:British Columbia Lines:96 Added:09/18/2012

Defence Argues Case Should Be Tossed Based on Precedent

A lawyer for three people accused of running a marijuana dial-a-dope ring under the guise of providing medicinal marijuana has asked a judge to toss out the case, citing a four-year delay in bringing the case to trial.

Defence lawyer Kirk Tousaw asked provincial court Judge Joanne Challenger to throw the case out, saying it's well beyond standards established by the Supreme Court of Canada to wait 46 months for a trial.

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141CN BC: Medicinal Pot Advocate Challenging LawsTue, 24 Jul 2012
Source:Comox Valley Echo (CN BC) Author:Anderson, Spencer Area:British Columbia Lines:Excerpt Added:07/25/2012

A Comox Valley medical marijuana advocate is challenging the constitutionality of federal regulations on the substance following police searches and his arrest at his home last year.

On Wednesday, Ernie Yacub filed a motion to challenge the constitutionality of sections of the Controlled Drugs and Substances Act (CDSA) as they apply to cannabis used for medical or therapeutic purposes.

Yacub is also seeking the dismissal of two counts of possession for the purpose of trafficking he is faced with under the CDSA. The charges were laid about three months ago, and he has entered not guilty pleas on both.

[continues 753 words]

142 CN BC: Courtenay Man Fighting Trafficking ChargeFri, 20 Jul 2012
Source:Comox Valley Record (CN BC)          Area:British Columbia Lines:83 Added:07/23/2012

On behalf of the North Island Compassion Club, a press conference was held Thursday morning at the Courtenay courthouse to discuss medical marijuana.

NICC, a B.C. non-profit society, has been providing cannabis marijuana in the Comox Valley for medicinal and therapeutic purposes for over 12 years.

NICC openly operated a dispensary at Ernie Yacub's rented home at 719 Sixth St. in Courtenay for over seven years with no police intervention until it was suddenly raided in February 2011. Yacub, a longtime resident of the Comox Valley who has never been in trouble with the law, has been charged with possession for the purpose of trafficking,

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143 CN BC: B.C.'s Medicinal Marijuana Business GrowingTue, 03 Jul 2012
Source:Business In Vancouver (CN BC) Author:Greer, Darryl Area:British Columbia Lines:151 Added:07/05/2012

Increasing number of entrepreneurs working in cannabis culture's legal nether world

Jordana Casey commutes from Chilliwack to East Vancouver each day for a job that could end at any moment and possibly land her and her staff in jail.

As the manager of the Medpotnow Dispensary on Fraser Street, Casey is one of a growing number of Vancouverites working in the medicinal marijuana industry, which has enjoyed a quiet boom in the wake of court rulings that have struck down government regulations restricting patients' access to the drug.

[continues 980 words]

144CN BC: Column: Ottawa Drags Out Medical Pot ReformTue, 12 Jun 2012
Source:Vancouver Sun (CN BC) Author:Mulgrew, Ian Area:British Columbia Lines:Excerpt Added:06/17/2012

The federal government's plan to revamp Canada's medical marijuana program and address court-raised constitutional concerns seems half- baked.

The proposed changes ignore a recent B. C. Supreme Court ruling and do little to properly address some of the most contentious issues.

In particular, Ottawa intends to continue to permit only dried marijuana to be produced, sold and distributed to medical patients who will use a new document issued by doctors to buy pot from commercial producers.

That decision flies in the face of Justice Robert Johnson's ruling in April that patients could make cannabis-infused oils, drink it in their tea or bake it into brownies and cookies, not just smoke it.

[continues 561 words]

145CN BC: Medical Pot Ruling Suspended For A YearSat, 28 Apr 2012
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:04/28/2012

Producers of Cannabis-Infused Oils, Teas and Cookies Left in Legal Haze

A B.C. Supreme Court judge has given Health Canada one year to respond to his ruling that it is unconstitutional to restrict medical marijuana patients to just using dried pot.

Justice Robert Johnston also ruled on Friday that the suspension of his declaration for a year would not affect people authorized to use medical marijuana under Health Canada's Marihuana Medical Access Regulations.

On April 12, Johnston ruled that people authorized to use medical marijuana could make cannabis-infused oils, drink it in tea or bake it in brownies and cookies, in addition to smoking it.

[continues 466 words]

146 Canada: Ottawa Looking At Fewer GrowersWed, 18 Apr 2012
Source:Maple Ridge News (CN BC) Author:Melnychuk, Phil Area:Canada Lines:116 Added:04/20/2012

Patients May Not Be Able to Grow Their Own Marijuana

Ottawa is changing the rules on medical marijuana and in a few years most patients may no longer be able to grow their own or buy it from designated growers. Instead, they'll have to order medical marijuana from a larger, authorized grower and wait for it to arrive by courier.

MP Randy Kamp reviewed the changes for Maple Ridge council Monday, explaining that someone who's sick will go to the doctor, and if Health Canada concurs, the doctor will write a prescription.

[continues 694 words]

147CN BC: Medical Pot Users Can Have It In Tea And BrowniesSat, 14 Apr 2012
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:04/14/2012

Restriction to Dried Marijuana Is Unconstitutional, Court Rules

People authorized to use medical marijuana can bake it in brownies and drink it in their tea, not just smoke it in dried form, the B.C. Supreme Court ruled Friday.

Justice Robert Johnston concluded that the restriction to dried marijuana in Health Canada's Marijuana Medical Access Regulations is unconstitutional because it breaches Section 7 of the Charter of Rights and Freedoms.

On April 27, Johnston will hear arguments on how and when the amendments to the regulations go into effect. The Crown will ask the judge to suspend implementation of his decision for one year, said federal prosecutor Peter Eccles.

[continues 768 words]

148 CN BC: Grow Op Busts Cut In HalfWed, 11 Apr 2012
Source:Maple Ridge News (CN BC) Author:Martins, Monisha Area:British Columbia Lines:91 Added:04/14/2012

Marijuana busts in Maple Ridge dropped by half in the span of a year, according to statistics from Ridge Meadows RCMP, who suspect a proliferation of Health Canada licenses is to blame for the decrease.

Year-end figures show police took down 34 grow operations in Maple Ridge in 2011 compared to 63 in 2010, while Pitt Meadows, where an electrical safety inspection program and bylaw to prohibit designated-growing are in place, saw three grow ops searched in 2011 and one in 2010.

[continues 492 words]

149CN BC: Court to Decide on Man's Pot ChallengeMon, 12 Mar 2012
Source:StarPhoenix, The (CN SN) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:03/13/2012

VICTORIA - On March 28, B.C. Supreme Court Justice Robert Johnston will set a date for his decision on a Victoria man's constitutional challenge to Health Canada's medical-marijuana access regulations.

Owen Smith, who was the head baker for the Cannabis Buyers' Club of Canada, was charged on Dec. 3., 2009, with possession for the purpose of trafficking THC, one of the active ingredients in marijuana.

He is also charged with unlawful possession of marijuana.

Smith was charged two years ago after the manager of an apartment building complained to police about a strong, offensive smell.

[continues 408 words]

150CN BC: Court Mulls Challenge To Pot LawsSun, 11 Mar 2012
Source:Victoria Times-Colonist (CN BC) Author:Dickson, Louise Area:British Columbia Lines:Excerpt Added:03/13/2012

Victoria man filling legislative void by selling cookies, lawyer argues

On March 28, B.C. Supreme Court Justice Robert Johnston will set a date for his decision on a Victoria man's constitutional challenge to Health Canada's medical-marijuana access regulations.

Owen Smith, who was the head baker for the Cannabis Buyers' Club of Canada, was charged on Dec. 3, 2009, with possession for the purpose of trafficking THC, one of the active ingredients in marijuana. He is also charged with unlawful possession of marijuana.

[continues 572 words]


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