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. - --- MAP posted-by: Jay Bergstrom