Pubdate: Fri, 15 Aug 2014
Source: Calgary Herald (CN AB)
Copyright: 2014 Postmedia Network
Contact:  http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: Ian Mulgrew
Page: A10
Referenced: R. v. Smith: http://mapinc.org/url/SFsYRnzS

MEDICAL MARIJUANA LAW UNCONSTITUTIONAL

B.C.'S Top Court Rules Use of Edible Pot Is Allowed

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.

"In my opinion, decisions concerning how one manages serious health 
problems go to the core of what it means to live with dignity, 
independence and autonomy as contemplated" in other Supreme Court of 
Canada cases, wrote Judge Nicole Garson, supported by colleague Risa Levine.

"Where the state interferes with an individual's capacity to make 
decisions concerning the management of those health problems by 
threat of criminal sanction, the state is depriving that individual 
of the power to make fundamental personal choices and the liberty 
interest is engaged."

The majority dismissed the government's appeal of a Victoria case in 
which a compassion club baker, Owen Smith, was found not guilty after 
being caught with 200-plus cookies, a supply of cannabis-infused 
cooking oils and some dried dope in his apartment.

In 2012, B.C. Supreme Court Judge Robert Johnston acquitted Smith 
after ruling that permitting dried cannabis alone was arbitrary and 
did little to further a legitimate state interest.

The justice found criminalizing a patient's choice of smoking or 
eating his or her medicine was an unwarranted infringement of 
security of the person rights guaranteed under Section 7 of the Constitution.

The court heard that marijuana's active ingredients had a 
longer-lasting effect if they were ingested rather than inhaled, 
bringing greater benefit to those who used it to treat conditions 
such as chronic pain and glaucoma. Smoking achieves a quicker, but 
less-lasting benefit.

"I'm very happy," Smith said Thursday.

He no longer bakes for the compassion club, he added, but is working 
on a feature-length play about his experiences.

In his dissent, Judge Ed Chiasson said Smith had no right to 
challenge the legislation since he wasn't a licensed medical patient 
or producer.

"It has nothing to do with him," Justice Chiasson insisted.
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MAP posted-by: Jay Bergstrom