B.C. judge strikes down portions of medical marijuana law
By admin | April 17, 2012
VICTORIA — People authorized to use medical marijuana can now bake it in brownies and spread it on toast, the B.C. Supreme Court ruled Friday.
Justice Robert Johnston concluded that the section in Health Canada’s Marijuana Medical Access Regulations (MMAR) restricting recipients to using only the dried form of the drug is unconstitutional as it breaches the Charter of Rights section guaranteeing ‘life, liberty, and security of the person.’
“The remedy for this breach is to remove the word ‘dried’ where it appears in the Marijuana Medical Access Regulations and I so order,” said Johnston.
The decision comes out of a constitutional challenge by Owen Smith, the head baker for the Cannabis Buyers’ Club of Canada.
Smith, 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking and unlawful possession of marijuana, two years after an apartment manager complained to police about a strong, offensive smell wafting through the building.
Police obtained a search warrant for the apartment and discovered substantial quantities of cannabis-infused olive oil and grapeseed oil and pot cookies, destined for sale through the club.
At the time he was charged, he was producing oils and topical and edible cannabis-based products for the club.
Smith’s trial began in January with a voir dire — a trial within a trial — on a charter application challenging the restrictions in the MMAR which allow authorized users to possess medical marijuana in dried form only.
Defence lawyer Kirk Tousaw argued the laws were unconstitutional and arbitrary and did not further the government’s interests in protecting the health and safety of the public. Instead, the regulations predominantly forced critically and chronically ill Canadians to smoke medical marijuana, which is potentially harmful.
“Even an authorized person, under Health Canada’s regime, is unable to produce cannabis butter to make cookies to eat before bed, or when they get up in the morning to deal with chronic pain,” Tousaw told the court.
During the trial, patient witnesses testified they wanted the opportunity to drink tea infused with cannabis, or eat pot cookies or apply topical oils infused with cannabis. These other modes of ingestion are more effective and less harmful than smoking or vaporizing dried marijuana, said Tousaw.
Non-dried options, however, are available already through some distributors of medical marijuana in Canada.
The British Columbia Compassion Club Society lists a daily menu of its products available for medical users.
While the bulk of these items are intended to be smoked — either dried marijuana or hashish — the club also had a section of “non-smokeables” on Friday, which included cookies, brownies, muffins, lollipops and pesto.
On Friday, Tousaw said he was grateful for Johnston’s decision.
“This will pave the way for permitted users to possess and produce this medical substance in forms other than dried,” said Tousaw. “Permitted users can drink it in tea or bake it with edible oils.”
Tousaw also sought a judicial stay of proceedings for Smith. Johnston dismissed that application. Smith is to appear in court on April 25 to set a date for jury selection and trial.
Johnston was expected to hear arguments later Friday on whether his decision should be suspended for a period of time to allow the governments to respond.
At this time, it’s not known what position the Crown will take.
Tousaw intends to argue the suspension is not necessary.
“I’m hopeful the ruling will go into effect immediately and that Canadians who benefit from the use of medical cannabis in forms other than dried, other than smoked, will be able to without fear of arrest or prosecution,” said Tousaw.
In previous cases, the government has appealed adverse rulings, he said.
Outside court, Owen Smith said he felt a flutter in his heart at the word ‘unconstitutional.’
“I’m really proud of all the work we’ve done so far. Lots of patients and members of the club have been very supportive. We’re going to keep going and do just as good a job in the next round in front of a jury,” said Smith.
It’s hard to think a jury would deny others a safer form of medicating, he said.
Ted Smith, the proprietor of the Cannabis Buyers’ Club of Canada, said he wasn’t surprised by the decision.
“I had a firm belief in the law being wrong,” he said.
Smith, who is no relation to the accused, said he’s not intimidated by the prospect of a jury trial.
“I’m confident no jury in this country will convict Owen for making cookies and skin products. It will give us another opportunity to change public opinion. Today, we changed the law.”
ldickson@timescolonist.com
With a file from Postmedia News
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CTV news Constitutional Cannabis Victory
By admin | April 17, 2012
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Cookie Trial Verdict Friday April 13th
By admin | April 10, 2012
For Immediate Release
Tues April 10, 2012
Victoria, B.C.: A decision in the bakery trial of the Cannabis Buyers Clubs of Canada will be handed down by Justice Johnson of the Supreme Court of B.C. at 9:15 am on Fri. April 13, 2012. Head baker Owen Smith, charged with possession of THC for the purposes of trafficking and possession of cannabis, has asked Justice Johnson, through lawyer Kirk Tousaw, to strike down the cannabis laws in Canada as unconstitutional. A press conference will be held at the Burdett St. entrance to the courthouse at 10:30 am.
Owen was arrested in a downtown apartment in the middle of baking cookies in Dec. 2009. The trial finally started in Jan. 2012, with CBC of C founder Ted Smith taking the stand first, followed by 4 members of the club and expert witness, Dr. David Pate. Defense testimony focused upon the benefits of eating or topically applying cannabis and inconsistent information provided by Health Canada.
Crown lawyer Peter Eccles used the testimony of Health Canada scientist Dr Abramovici to explain why Health Canada has created the Marijuana Medical Access Regulations to allow patients to grow cannabis but not make any products from it. Eric Ormsby, another employee of Health Canada, acknowledged that no plant has gone through the drug approval process and that the MMAR is being restructured.
The Cannabis Buyers Clubs of Canada has been providing cannabis products to people with permanent, physical disabilities and diseases since Jan 1996, making it the oldest dispensary in the world. Now with over 3,900 members, the CBC of C offers 30 different food and skin cannabis products. The recipes are available at: http://www.cbc-canada.ca/recipes/cbcoc-official-recipe-book
For more information call 250-381-4220 or email hempo101@gmail.com.
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Victoria calls for tax on pot rather than prohibition
By admin | April 3, 2012
The City of Victoria is calling on the the government to ‘do the right thing’ and asking other municipalities to do the same.
By Danielle Pope – Monday Magazine
Published: March 29, 2012
City Council asks other municipalities to join in letters of support for regulation over prohibition
Victoria may not see pot shops allowing you to legally buy regulated marijuana anytime soon, but a recent motion from Victoria City Council has shown directed intent on the issue: a unanimous decision to support a regulatory approach to cannabis control over prohibition — and a request for surrounding municipalities to do the same.
The motion, which resolves that “The City of Victoria supports the taxation and regulation of cannabis to address the ineffectiveness and harm of cannabis prohibition,” was approved with no discussion upon its third reading at City Hall during the March 22 council meeting. The motion also states that the city “agrees to write to municipalities in the Capital Regional District, the Union of BC Municipalities, the Federation of Canadian Municipalities and the Provincial and Federal Ministers in the Justice and Health departments to inform them of our support.” Read the rest of this entry »
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Victoria council deems pot good, pipelines bad
By admin | March 20, 2012
Victoria council deems pot good, pipelines bad
By Bill Cleverley, timescolonist.com March 16, 2012
Proposed oil pipelines proved more contentious than pot for Victoria councillors this week as they went on record opposing the former and supporting the latter.
A motion put forth by Coun. Ben Isitt supporting the taxation and regulation of cannabis passed without debate.
The resolution noted that laws against pot have fuelled “an increasingly violent illegal market with expanding organized crime involvement” and that B.C. municipalities are being forced to bear an increasing financial burden dealing with grow-ops and enforcement.
Victoria will write to other municipalities across the country and to federal and provincial justice ministers informing them of council’s position. Read the rest of this entry »
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VIU hempology club says it aims to dispel myths surrounding cannabis plants
By admin | March 20, 2012
VIU hempology club says it aims to dispel myths surrounding cannabis plants
Walter Cordery, Daily News
Published: Monday, March 19, 2012
Members of Vancouver Island University’s Hempology 101 club held a symposium Sunday to explain the medicinal and other benefits of hemp.
The purpose of the second Cannabis Convention at VIU was to try to educate the public about misinformation the club believes is disseminated to the public.
VIU hempology club president Amie Gravell said many people think of hemp, or cannabis, as something that people use recreationally or medicinally. She would like the public to know of the natural benefits hemp offers. “There are myriad of ways that hemp can be used – from medicinal marijuana to increasing an individual’s Omega 3 fatty acids by eating hemp seeds,” Gravell said
Read the rest of this entry »
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Convention promotes benefits of cannabis
By admin | March 15, 2012
Convention promotes benefits of cannabis
By Chris Hamlyn – Nanaimo News Bulletin
Published: March 15, 2012 11:00 AM
There might not be a better time for a cannabis convention.
With calls for the legalization of marijuana from former B.C. attorneys general, former Vancouver mayors, current Vancouver Mayor Gregor Robertson and B.C. health officials making headlines, it’s a good time to get the issues out the public.
The Cannabis Convention, organized by the International Hempology 101 Society and Vancouver Island University’s Hempology 101 Club, takes place Sunday (March 18) from 1-4 p.m. in Bldg. 200, Rm. 203 at VIU.
Ted Smith, society president, said as each year passes, it seems more people are realizing the benefits that cannabis has to offer and the follies of prohibition. Read the rest of this entry »
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V.I.U. Hempology101’s 2nd Cannabis Convention
By admin | March 6, 2012
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Dana Larsen at the 13th UVSS Cannabis Convention
By admin | March 6, 2012
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Blake Hunter at the UVSS Cannabis Convention
By admin | March 6, 2012
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