Pubdate: Fri, 15 Aug 2014
Source: Toronto Star (CN ON)
Copyright: 2014 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Tamsyn Burgmann
Page: A3
Referenced: R. v. Smith: http://mapinc.org/url/SFsYRnzS

LET THEM EAT CANNABIS, B.C. APPEAL COURT RULES

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.

Smith challenged the law by arguing some patients want to consume
their marijuana medicine in butters, brownies, cookies and teas,
claiming the right to administer the drug in other forms is
fundamental.

His lawyer Kirk Tousaw, who also represents other medical
marijuana-related litigants, said his client is pleased the court will
allow patients to decide what mode of ingestion works best for their
particular symptoms and conditions.

"How many people out there really think that a critically and
chronically ill member of their family shouldn't be entitled to eat a
medical marijuana cookie if that relieves their pain?" Tousaw said in
an interview.

"We're talking about the right of patients to find some relief from
their very serious symptoms and conditions. It's about time our
government stop wasting our money trying to prevent people from doing
that."

The Appeal Court ruled its judgment may be suspended for one year in
order to allow Parliament time to amend the regulations to ensure they
are constitutional.

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 Appeal court judges agreed with the lower court judge in amending
the legislation, saying that was a job for Parliament.

Both Smith and the Crown have the right to appeal to the Supreme Court
of Canada, but neither has yet decided whether to do so.

Health Minister Rona Ambrose was unavailable for an interview. The
ministry said it was reviewing the decision and considering its options.
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MAP posted-by: Matt