Dried marijuana is no longer the only legal option available to approved medical marijuana patients.

Right to pot cookies upheld by high court

Supreme Court of Canada rules legal medical marijuana access extends to cannabis derivatives such as pot brownies, tea or oils

Medical marijuana patients have a right to possess and use cannabis in the form of cookies and products other than dried bud, the Supreme Court of Canada ruled Thursday.

The unanimous decision is a major victory for cannabis crusaders who argued they should not be forced only to smoke or vaporize the drug when edible or topical products are safer and provide benefits such as delayed delivery.

“Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivatives,” the country’s high court ruled.

It found the federal drug law exemption allowing medical pot patients access only to dried marijuana violated their constitutional right to life, liberty and security of the person.

Approved patients who illegally baked cookies, brewed pot tea or turned it into oil had faced the threat of criminal prosecution, but not any longer.

“This denial is not trivial,” the court ruled. “It subjects the person to the risk of cancer and bronchial infections associated with smoking dry marihuana, and precludes the possibility of choosing a more effective treatment.”

The ruling upholds the decision by B.C. courts that dismissed drug trafficking charges against Owen Smith, a Victoria man caught baking pot cookies for a local compassion club.

“It’s a great decision from the point of view of all medically approved patients,” said Abbotsford lawyer John Conroy, one of the lawyers who defended Smith before the Supreme Court.

He said the government’s dried-only restriction was unreasonable.

“It forced people to choose between a legal but inadequate treatment and an illegal but more effective one.”

Conroy is optimistic the Supreme Court’s ruling will also guide another pending case in which medical marijuana patients have argued before a Federal Court judge that they should be allowed to continue growing their own pot at home, instead of buying only from new commercial producers authorized by Ottawa.

In that case as well, Conroy and co-counsel Kirk Tousaw argued similar constitutional rights are in play – that medical marijuana users are deprived reasonable access if they can’t afford to buy from commercial producers and that they  then risk jail if they grow it themselves or buy on the black market.

That trial took place this spring and the judge has reserved decision.

Conroy predicts Thursday’s ruling may also allow commercial producers to start offering cannabis edibles and topicals, rather than just dried pot.

The Supreme Court did not give the federal government time to pass new regulations and instead issued an immediate order that the old restriction was no longer in force.

It’s not yet clear how Ottawa will respond, but it could regulate pot derivatives through a different mechanism.

Federal Health Minister Rona Ambrose told reporters marijuana is not an approved medicine and criticized the ruling for contributing to the normalization of marijuana use.

“I’m outraged by the message that judges are sending that they think that they can approve a drug into a medicine without clear medical scientific evidence and without safety reviews,” Ambrose said.

She cited 36 cases of people being hospitalized after becoming ill from ingesting marijuana edibles at Vancouver’s recent 4/20 pot celebration.

Just Posted

Singer Bif Naked among speakers at West Coast Women’s Show

Annual event takes place Oct. 18-20 at Tradex in Abbotsford

White Rock house targeted in 2016 drug raid forfeited to province

Supreme Court proceedings regarding Parker Street property favour director of civil forfeiture

Surrey landlord’s petition to overturn RTB decision fails

Case involved former tenant evicted from basement suite on grounds his landlord needed it for family

SURREY EVENTS: ‘Classic Scary Movie Marathon’ for Halloween, and more

Concerts, plays, fundraisers and other events in our weekly guide for Surrey

Halloween Calendar

Family friendly events happening around Surrey

Scheer, Trudeau, Singh haggle over potential minority government outcome

If you believe the polls, it appears the Liberals and Conservatives are neck-and-neck

Canucks beat Stanley Cup champs 4-3 in a shootout

Leivo nets winner, Vancouver dumps St. Louis for fourth straight win

‘The more you test, the more you find’: Beef recalls a sign of success, experts say

Despite appearances, experts say a recent rise in major recalls is not a sign of food supply problems

Workers at four Vancouver hotels ratify contract with higher wages, job security

Unite Here Local 40 president Zailda Chan says it’s the first hotel strike in Vancouver in nearly two decades

Japanese buyer expands wood pellet contract with B.C.’s Pinnacle

Mitsui and Co. increases contract with Interior energy producer

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

B.C. RCMP officer suing the force for malicious prosecution

Cpl. Tammy Hollingsworth cleared of wrongdoing after misconduct hearing

UPDATE: Vehicle located and driver arrested in relation to fatal hit-and-run

Male pedestrian in his 50s died after being struck by vehicle on Highway 11 in Abbotsford

Talk to your kids about vaping, B.C.’s top doctor says

B.C. health officials have discovered the first vaping-related illness in the province

Most Read

l -->