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

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.

mondaymag

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.”

City councillor Ben Isitt, who originally moved the motion and brought it to the attention of the Governance and Priorities Committee, says the importance of the motion lies in its symbolism as much as anything.

“I think the fact that a council with as diverse beliefs as ours did not have debate on this motion really speaks volumes,” says Isitt. “This motion is not so much an endorsement of marijuana use or any substance use as it is an acknowledgement of the failure of the war on drugs … and the fact that we have so much more important things to be using our resources on.”

While Isitt says he is unsure whether or not other municipalities in the region will pass similar motions, he is hopeful that others will see the value in cross-partisan support. Victoria joins Metchosin, Vancouver and a handful of other B.C. municipalities in taking an official stance.

“Of course, this action won’t have immediate waves, but it’s still important to go on record and call on the government to do the right thing when that is the right thing to do,” says Isitt. “Harm reduction is the safest option on the war on drugs, and regulation helps to ensure that safety.”

With increasing strain on the medical and recreational use of cannabis thanks to the criminalization regulation of the Conservative government’s Bill C-10, Victoria MP Denise Savoie says while actions like these may not force change alone, cumulatively they are of utmost importance.

“We’ve seen Bill C-10 be proposed with massive opposition, and the Conservative government still moved forward. We know it’s going to cost a lot of money and drain resources, and the Conservative government still moved forward,” says Savoie. “So we know this is going to take a lot of ground work and a lot of effort, but the more efforts like this we see, the harder it is going to be for the prime minister to maintain support for his regressive drug policies.”

Savoie says that while she’ll happily pass on all letters and messages to the government from her local constituents, it is going to take a lot more than that to make the PM change his mind. Still, she hopes to see motions like this grow across the country and as it does, she says, it will begin to have more clout.

But while Victoria’s motion won’t change drug policy, it can have a role in how the local police force prioritizes its policing. Provincial Health Officer Dr. Perry Kendall says that although the province considers this to be a federal issue, the practicalities of how laws are carried out are largely up to the local levels.

“There are instances, of course, where police will set cannabis regulation and control as the lowest-level priority, where they turn a blind eye to smoke-ins and where an amount of discretion is used in the pursuit of that patrolling,” Kendall says.

Kendall could not comment on whether or not the province supports a similar regulatory approach to cannabis use, adding again that this is a federal issue. And, despite Monday’s attempts to contact both the premiere’s office and the minister of health, all offices stated that the issue was federal and would not be commented on at the provincial level. However, Kendall agrees that change is needed.

“I think it’s clear that the current approach is not very effective. When cannabis and any drugs are in the hands of organized crime, it’s totally unregulated and there is nothing safe about that,” he says. “If you recognize that cannabis is not without its harms, then by regulation and taxation you have a better chance of keeping it out of the hands of people you don’t want to have it.” M

timescolonist

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.

Victoria councillors also went on record opposing any expansion of oil tanker traffic on the West Coast, but that didn’t pass quite as easily as the one on pot.

In the resolution, which was put forward by Coun. Lisa Helps, council:

n recognized the Coastal First Nations and Save the Fraser declarations which prohibit oil tanker expansions through B.C.’s coast;

n expressed unequivocal opposition to projects by Kinder Morgan, Enbridge or any other entity that would lead to the expansion of oil tanker traffic through B.C.’s coastal waters; and

n urged the province to use whatever means available to stop expansion of oil tanker traffic on B.C.’s coast.

Only Coun. Geoff Young argued against the motion, saying he has recently seen motions cross both the city’s and the Capital Regional District’s board tables against pipelines, offshore drilling and tanker traffic.

But, he said, the reality is that all methods of producing and moving petroleum products involve risk, and until the people are willing to stop driving vehicles locally, identifying individual projects as more dangerous than others is not appropriate.

But Isitt disagreed, saying it’s important for local governments to show support for their counterparts in northern B.C. that are already on record in opposing the Enbridge Inc.’s proposed Northern Gateway pipeline.

Existing pipelines can accommodate domestic consumption, Isitt said.

“This pipeline is about exporting one of the dirtiest sources of fuel in the world — tar sands crude — to international markets via the fragile north and central coast of this province,” Isitt said.

bcleverley@timescolonist.com

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

Hemp can also be used for making long-lasting strong ropes, she said.

“What this conference is about is to provide a space for the public to learn how beneficial hemp can be.”

It was also about exposing media bias and how the mainstream media reports RCMP press releases about marijuana arrests as fact.

To argue this, the VIU hempology club brought in Andrew Brown, the editor of Cannabis Digest and a former VIU student.

Brown, who graduated from VIU with a degree in journalism and creative writing, started smoking pot when he was a teenager. He founded the hempology club at VIU while he was a student.

He said one of his main concerns is how arrests from marijuana-growing operations are reported.

“You can tell that the journalist is just taking the police at their word without really investigating, anytime you see that a growop raid netted the cops 1,000 pot plants worth $100,000 you should be skeptical. There’s no way it’s worth that much.

“The story doesn’t say how mature the plants were.”

He strongly urged the approximately 50 audience members at VIU to fight the federal government’s C-10 – the so-called omnibus crime bill – that will make growing six cannabis plants a criminal offence.

Ted Smith, another speaker at the convention, is the president of the International Hempology 101 Society.

He said the society continues to grow.

“We have clubs on campuses across the country from New Brunswick to B.C.,” Smith said.

WCordery@nanaimodailynews.com 250-729-4237

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.

“Now more than ever with the push for the war on drugs by Stephen Harper, we really need to present our issues to the public in a way that we can stop the enforcement of cannabis prohibition,” he said. “At the same time, we need to get the message out that as a medicine, cannabis is unparalleled and is saving people’s lives.”

Amie Gravell, president of VIU’s Hempology 101 Club, said there is also a cultural prohibition that silences both recreational and medicinal marijuana users.

“Marijuana use is something that is stigmatized and isolating in many ways – especially medical marijuana use,” she said. “The convention is about building community, giving people the opportunity to meet and discuss the issues in a safe, positive space. That’s something not usually provided by society.”

Keynote speaker for the convention is John Anderson, chairman of VIU’s criminology department, and a member of Law Enforcement Against Prohibition.

Other guest speakers include: Chris Bennett of Forbidden Fruit Publishing, Andrew Brown of Cannabis Digest, Spencer Daemoe of Green Harvest and Rebecca Ambrose of the Victoria Seed Bank.

For more information, please go to www.hempology.ca or call 1-250-381-4220.

http://www.nanaimobulletin.com/news/142659406.html