Pubdate: Sun, 09 Apr 2017
Source: Victoria Times-Colonist (CN BC)
Copyright: 2017 Times Colonist
Contact:  http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: Katie DeRosa
Page: A3

DISPENSARIES FIGHT EDIBLE CANNABIS BAN

Island Health's ban on edible cannabis products is arbitrary and
unconstitutional, says the lawyer representing several marijuana
dispensaries on Vancouver Island.

Kirk Tousaw, who has represented several clients in marijuana access
cases, wrote a letter objecting to the ban, addressed to Dr. Richard
Stanwick, Island Health's chief medical health officer.

"The patients that access edibles from dispensaries need that access
for their health and quality of life," Tousaw wrote.

"Dispensaries need to trust that Island Health is committed to working
progressively toward appropriate and fact-based access to cannabis
edibles, not to be threatened with possible business licensing
sanctions by Island Health."

In March, Island Health sent a letter to dispensaries ordering them to
stop selling cannabis edibles because they violate the B.C. Food
Premises Regulation, which requires all ingredients to be obtained
from a source approved by the federal government.

Tousaw said the use of edibles has been federally approved under the
Access to Cannabis for Medical Purposes regulation.

Two recent court cases have enshrined people's right to access
cannabis derivatives and products other than dried cannabis.

Owen Smith, former head baker for the Victoria Cannabis Buyers Club,
was arrested in 2009 and charged with possession of THC for the
purpose of trafficking after police found pot cookies and other
cannabis-infused foodstuffs on the premises.

Tousaw, who represented Smith, fought the charges all the way to the
Supreme Court of Canada, which ruled in 2015 that restricting patient
access to only dried cannabis is arbitrary and unconstitutional.

Stanwick could not be reached for comment, but told the Times Colonist
after news of the ban that dispensaries are not receiving their
edibles products from federally approved sources. Medical marijuana
producers licensed by Health Canada, such as Tilray in Nanaimo, send
their products directly to patients through the mail.

"The difficulty is that we do have a producer of marijuana, in fact a
number of them, that the federal government [has] sanctioned,"
Stanwick said.

"But that is only for people who receive their medical marijuana
prescriptions from them. And they are not allowed to sell their
product to these bakeries and to these dispensaries for use in edibles."

Since dispensaries and bakeries are using a non-approved ingredient in
food products, the product is considered to be high risk, he said.

Island Health sent a letter to dispensaries on March 29 reinforcing
the ban. The health authority said it is working with the City of
Victoria, and that any dispensaries that continue to sell edibles
could see their request for a business licence rejected.

In his letter, Tousaw said this is an "implicit threat to interfere
and harm the business licensing prospects of dispensaries that
continue to service their patients by providing access to cannabis
edibles." He said such action might cause damages to dispensaries and
their patients "for which Island Health could be found liable."

Tousaw wrote that Island's Health approach to edibles has been "fear,
regression and a refusal to grow. Fear because despite cannabis
edibles being available in Victoria in dispensaries for 20 years,
there is essentially no evidence of any harm being caused to any
individual as a result."

Brandon Wright, general manager of Baked Edibles, which supplies
marijuana-infused cookies, spreads and other products to dispensaries,
said he hopes the letter will "give [Island Health] pause before
taking action that is clearly unconstitutional and clearly harmful to
the community."

Wright said none of the dispensaries he supplies have reduced their
orders for cannabis edibles in light of the ban.

"We haven't see a push back yet. There's been a lot of strength in the
community because they know they're on the side of what's legally and
morally right."

Tousaw said his clients want to work with Island Health to satisfy any
legitimate health concerns without interrupting patient access to
edible products.

Unlike the City of Vancouver, which has banned edible marijuana
products, the City of Victoria does not specifically mention edibles
in its regulations for marijuana businesses.

The federal task force on marijuana legalization has recommended
edibles be allowed as long as they are not marketed toward children.
The task force also urged a ban on products that mix marijuana with
alcohol or caffeine.
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MAP posted-by: Matt