Pubdate: Sat, 28 Apr 2012
Source: Nanaimo Daily News (CN BC)
Copyright: 2012 Nanaimo Daily News
Contact:  http://www.canada.com/nanaimodailynews/
Details: http://www.mapinc.org/media/1608
Author: Louise Dickson

JUDGE GIVES HEALTH CANADA TIME TO REWRITE RULES ON DRIED MARIJUANA

A B.C. Supreme Court judge has given Health Canada one year to 
respond to his ruling that the restriction to dried marijuana in 
Health Canada's Marijuana Medical Access Regulations is unconstitutional.

On Friday, Justice Robert Johnston suspended his declaration for 12 
months but said the suspension will not affect people authorized to 
use medical marijuana.

On April 12, Johnston ruled that people authorized to use medical 
marijuana could make cannabis infused oils, drink it in their tea or 
bake it into brownies and cookies - not just smoke it.

Health Canada applied to the court asking for a year to respond to the ruling.

"While it may seem like a simple ruling, it has anything but simple 
impacts and the government needs some time to figure out how to most 
appropriately respond," said federal prosecutor Peter Eccles.

"And that's what the court did. They gave the government a year to 
respond to the ruling while protecting the rights of patients who are 
authorized to possess marijuana for medical purposes. The ruling, as 
I understood it, was never intended to extend to producers, who are a 
different category."

Designated producers are in the same legal position they were in 
prior to the ruling, said Eccles. They are not allowed to make 
secondary products.

"Some time in the next year, this will get resolved in a legislative 
response," he said.

The decision arises out of a constitutional challenge by Owen Smith, 
the head baker for the Cannabis Buyers' Club of Canada.

Smith, 29, was charged in 2009, with possession for the purpose of 
trafficking and unlawful possession of marijuana, two years after the 
manager of an apartment complex complained to police about a strong 
smell wafting through the building.

Police obtained a search warrant and found substantial quantities of 
cannabis-infused olive and grapeseed oil and pot cookies. At the time 
Smith was charged, he was producing topical and edible cannabis-based 
products to be sold through the club.

Smith's trial began in January with a voir dire - a trial within a 
trial - on an application challenging the restrictions that allow 
authorized users to possess medical marijuana in dried form only.
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MAP posted-by: Jay Bergstrom