GUILTY OF CHIPPING AWAY THE LAW, by Ted Smith

After a three day trial, a jury found me guilty of trafficking THC (tetrahydrocannabiniol) because I had told the media and police exactly what I was doing Nov 15, 2000 when I was arrested at a pot cookie giveaway. One reason for the delay was because the original charges of trafficking cannabis (marijuana) were changed to trafficking THC the most active chemical in the plant. This meant that the maximum penalty changed from 5 years less 1 day to a potential life sentence. This change gave me the option of a jury, which I took.

Another reason for the delay was to hear what the Supreme Court of Canada was going to say in regards to the Malmo-Levine/Clay/Caine case (see issue #1). In that case the argument was that the law caused more harm than good. The harm principle argument failed because the court ruled that if an activity caused any harm, then the government had the authority to create laws and prohibitions to control any potential problems. We also tried to argue that my constitutional rights had been violated in several ways, in particular because my intentions were to benefit society by cooking low potency cookies which had a definite medical benefit but little potential for harm.

Without the money needed to hire several expert witnesses to present my case, we were unable to convince the judge of our constitutional arguments. When instructing the jury about the law, though, Supreme Court Judge Wilson did make an error when he told them that THC was illegal without exception, and that if THC was found in the cookies, then I was guilty.  In the testimony of the analyst from Health Canada and from our expert witness, Dr. David Pate, we showed that THC is legally available in quantities of less that 0.3%. His instructions gave the jury no choice but to convict me and there is a ground for an appeal because of his mistake. In sentencing the judge recognized that the only harm done by my cookie giveaway was done to the administration of justice. Instead of punishing me for my civil disobedience and flaunting of the law, the judge gave me the least punitive sentence available, which was one day in jail. That meant I spent 2 hours in the court cells.

Thanks to everyone who supported me in court. Celebrated for over 10 years as International Medical Marijuana Day this year on Nov 15 there will a 4:20 at the Ministry of Health on Blanschard followed by the 3rd annual silent an auction at 7:00 pm at the CBC storefront.

RESIN CHARGES THROWN OUT, by Ted Smith

After reading the factum I wrote and transcripts from the conviction of trafficking cannabis resin 1 received from Justice Harvey on Jan 7. 2005 the Department of Justice has decided to concede to my arguments and asked the court to drop the charge against me. The appeal was set to be heard on Jan 26, 2006, but now that dale is going to be used for my appeal against my conviction for trafficking at the University of Victoria where I was caught sharing a few joints. The letter from the federal government is on page 2.

Though they only admit that the analyst should have been allowed to be cross examined mid that 1 should be granted another trial, we suspect that the Department of Justice was worried about the full range of arguments that the B.C. Court of Appeal was about to hear. The full factum that I filed is available at   hempology.ca. If the case was heard by the B.C. Court of Appeal there was a chance that the Medical Marijuana Access Regulations could have been struck down. The B.C. Court of Appeal is the highest level of court in B.C. and has the power to change or strike down laws, just like Ontario Court of Appeal did in the Hitzig decision (Digest #1).

They could have forced Health Canada to include cannabis resin in the MMAR and recognize the right to make simple edible and skin products for medical uses. The court may have recognized that cannabis resin is a naturally occurring substance on the leaf of the plant that is full of the active healing cannabinoids that make cannabis such an effective medicine. For the government to tell the court that making hash from legally grown cannabis is a crime because resin is a manufactured product is inaccurate mid irrational. In some ways it is disappointing that the B.C. Court of Appeal did not get to hear this case.

On the other hand, the club has now completed all 4 trials from the police raids and we are free and clear of all 11 trafficking charges that were laid. Not only has lie done a great job for us in court, but Robert .Moore-Stewart has charges the club a fraction of the fees that any other law firm in Canada would have charged for all the cases. However, this appeal against the resin charges was written entirely by myself and to be successful is one of the most rewarding excellences of my life.

10 YEARS OF HEMPOLOGY 101 , by Ted Smith

This Sept we celebrated 10 years of weekly Weds night Hempology 101 meetings by marching across town. We have done many things over the years to raise awareness about cannabis and prohibition. The International Hempology 101 Society has sponsored conventions, rallies, information booths and fundraisers, while organizing clubs at the University of Victoria mid Camosun College. A textbook about the history mid uses of the plant is available on our web-page-   hempology.ca. We have organized events on Nov 15. International Medical Marijuana Day for years in an attempt to highlight the plight to those who use cannabis as medicine. We support our sister group, the CBC of C. as much as possible, including the publication of this newsletter. Thank you to everyone who has supported our cause over these last 10 years. Check out   www.hempology.ca for more.
   
 

LETTER FROM DEPARTMENT OF JUSTICE

Dear Sir:
Re: Regina v. Leon Edward SMITH
Conviction Appeal
Court of Appeal File No CA 032823
VIA COURIER
Having reviewed the transcript and appeal books in the above noted-marter, the Crown has concluded that you should have been granted leave to cross-examine the drug analyst in order to explore the analysis of die substances determined by the drug analyst to be cannabis resin. I make this comment in light of the lower court decisions in R. v. Dunsdon (15 October 2004). Richmond No. 47380-2-C (B.C. Prov. Cl.) and R. v. Dunsdon (5 January 2005). Richmond No.45431-C-2 (B.C. Prov. Ct.). Accordingly, I can advise you that the Crown intends to concede this appeal.

With respect to the form of relief, the Crown's view is that the denial of leave to cross-examine would entitle yon to a new trial. However, the Crown had determined that it will not proceed with a second trial in this matter. We will therefore invite the Court 10 allow tile appeal and enter an acquittal.

As you know, this appeal is currently scheduled to be heard on January 26, 2006. In light of die Crown's position, that court time could be used for other cases. I therefore wish to advise the Court of the Crown's position as soon as possible. I propose to add the matter to the Court list at the British Columbia Court of Appeal, Victoria Registry, at the Law Courts. 850 Burdett Avenue, at 10:00 an on September 28. 2005. It would be appreciated if you could contact me at the number set out above so that I can confirm your availability on that date.

The Crown's position on this appeal will not have any bearing on your other appeal. Court of Appeal file niunber CA032824. The Crown will argue that appeal on its merits. I would think we could deal with the remaining appeal. CA032824, in one-half day. My suggestion is that the remaining appeal be heard on January 26. 2006.
Yours truly.
W. Paul Riley
Crown Counsel
Federal Prosecution Sendee - BC Region

Renee Boje Appeals Continue, by Gorden Campsall

Renee was helping Peter McWilliams and Todd McCormick by illustrating a book on medical marijuana they were writing, until the police busted everyone. Todd is sick with cancer. Peter was suffering from AIDS and severe nausea from the AIDS drugs he was taking. Peter died in jail choking on his own vomit. Rene was released on conditions she would testify against them.  She began to learn of the rampant prison brutality and rape in the U.S. prison system that occurs to men and woman according to human rights watch Amnesty International. Renee is likely to serve a 10 year mandatory sentence for charges in California that occurred shortly after the Stale of California legalized marijuana for medical purposes. Bill 215 in 1995.

Renee decided to flee to Canada because of the risk of mandatory minimum sentence ten years to life and because of the sexual harassment she experienced in jail after being arrested. However, she was soon caught visiting a grow operation for the BC Compassion Club Society in Vancouver mid authorities began trying the extradition process. Then she fell in love with activist Chris Beimen, married him and is now the proud mother of a healthy little boy named Shiva. Rene has come to Victoria to speak at several Hempology 101 events, including the 2002 Cannabis Convention. The Canadian Minister of Justice, Irwin Cotler, ordered Renee Boje surrender to the US authorities on June 17, 2005.

Renee surrendered herself into custody and was released on bail pending an appeal that she and her lawyer, John Conroy entered to the Canadian Court of Appeals. They are still waiting to hear whether or not the appeal will be accepted. In order to ensure Renee Boje's freedom in Canada, she and her lawyer will have to convince the Canadian Court of Appeals that to surrender her to the US authorities to serve a lengthy prison sentence in a violent mid inhumane US prison would shock the conscience of Canadian citizens.

On September 30 we got an e-mail from her saying her lawyer John W. Conroy got a six month extension for her to stay in Canada. Her next court date is March 27. 2006. For more information see   www.reneeboje.com.
 

U.S. court rules against medicinal pot use

BY SHELDON ALBERTS CanWest News Service
WASHINGTON — Americans who smoke marijuana for medical purposes — even with a prescription from their doctors — will risk federal prosecution following a ruling Monday by the U.S. Supreme Court.

The decision was a major victory for the White House and a setback to the legalized marijuana movement in the U.S.,which had succeeded in convincing 10 slates to allow the drug to be used by patients suffering from chronic or severe pain. "Today's decision marks the end of medical marijuana as a political issue." said John Wallers, the White House's director of national drug control policy.

In a 6-3 decision, the Supreme Court found federal laws prohibiting any form of marijuana use supercede legislation in states that permit prescription of the drug for '"compassionate" purposes. "If there is any conflict between federal and stale law, federal law shall prevail." Justice Anthony Stevens wrote in the majority opinion. The court's ruling came after two California women — Diane Monson and Angel Raich — filed a lawsuit after federal agents raided their homes and seized home-grown marijuana they were prescribed to treat a variety of illnesses.

Raich says she suffers from an inoperable brain tumor, life- threatening wasting syndrome and seizures. Monson suffers severe back pain. "I’m going to have to prepare to be arrested." Monson said following the decision.

The Supreme Court recognized "strong arguments that [Monson and Raich] will suffer irreparable harm" by the decision, but said it was bound by clarity in the law.

It relied on an obscure 1942 court decision that upheld Congress's commerce power to ban wheat grown for home consumption. “Production of the commodity meant for consumption, be it wheat or marijuana, has a substantial effect on supply and demand for the national market for that commodity." Stevens wrote. Any failure by the federal government to regulate bans on the possession of marijuana "would leave a gaping hole" in the .Controlled Substance Act he added.

The case underscores the growing gap in marijuana laws between Canada and the United States.

The Bush administration has taken a no-tolerance attitude toward the drug and is pressing U.S. high schools to begin random testing for the drug in students.

The federal government in Canada has allowed the use of marijuana for medical purposes since 200). Canadians suffering from terminal diseases and specific symptoms of illnesses like AIDS, multiple sclerosis, cancer, arthritis and epilepsy are eligible to use the drug. The Liberal government is also moving to decriminalize the possession and use of small amounts of marijuana. The U.S. decision is the second consecutive blow to activists seeking to liberalize American marijuana laws.

The Supreme Court ruled in 200] that federal agents had the right to close California climes that provided marijuana to patients. Pro- medical marijuana groups said the court's decision could have a chilling effect on stales, like Connecticut, that are considering passing laws permitting marijuana use.

But Dan Abrahamson, director of legal affairs for the New York- based Drug Policy Alliance said states "still have the right to pass legislation that protects the rights of patients to use tins life-saving medicine."

The federal government can choose not to prosecute cases or "it can waste taxpayer dollars by going after sick and dying patients." Abrahamson said.

It's estimated the Supreme Court's decision could affect as many as 100.000 patients in the 10 slates where marijuana is allowed for medical purposes.

Many of those patients have been issued state documents identifying them as eligible to smoke marijuana. The special IDs were created so the patients wouldn't be arrested if police discovered marijuana in their possession. The Drug Policy Alliance expressed concern about whether the information might be obtained by federal agents mid used to track down medical marijuana users. But the Supreme Court decision said states mid local police aren’t required to assist federal agents in investigating or prosecuting users.

INTERNATIONAL MEDICAL MARIJUANA DAY ART AUCTION ON NOV 15, by Ted Smith

We will be hosting our 3rd Annual Silent Art Auction to raise money to pay legal fees on Tues Nov 15 concluding at 7pm. We will also be holding a rally at die Ministry of Health on Blanschard St. at 4:20 pm to publicly celebrate International Medical Marijuana Day. This will be the 11th time that we have done something on that day to raise awareness about the medical uses of cannabis in 1999. 1 came up with the idea of giving out cookies as a means to stir up the issues, mid successfully gave out 101 cookies with the police watching the whole event.

Unfortunately, the next year police were there to arrest me before it started, hence the jury trial on page 1. We need artists to donate art for the auction, please. Due to a lack of space mid rich people, we will only take 2 pieces of work from any one person. Anyone willing to help should please contact me at the club. The last two years we have raised over $1,000 mid hope for about die same again this time. This year the money will be used to cover expenses from die club's trial of last January when 1 was convicted of selling cannabis resin at the club mid the approximately $1,000 it cost for the transcripts from that trial, which we needed for the appeal. In the future, if we have no other trial to deal with, we plan upon using money from the art auction for helping to defend various growers caught supplying clubs or any other appropriate medical cases that we choose.

We hope other clubs start annual art auctions to raise money so we can fight the government in court as much as possible. The City of Victoria will be asked to officially proclaim Nov 15 as International Medical Marijuana Day for the 4th year in a row. While only symbolic in nature, this declaration does prove that the general population is very supportive of the medical need of cannabis. We hope that our friends with the Seattle Green Cross will convince their city council to pass a similar resolution which will make the event truly international in scope, as it was 10 years ago when we started.

EMERY IN TROUBLE, by Ted smith

On July 29 Marc Emery was arrested at a rally in Halifax while the B.C. Marijuana Party store was being raided in Vancouver. Greg 'Marijuana Man' Williams and Michelle Rainey were arrested in Vancouver for conspiring to distribute marijuana seeds, money laundering and conspiring to cultivate cannabis for working with Emery's seed business which sells about $3 million a year to mostly American customers. Emery faces the same charges, but because he is the leader and the main target of the DEA he is likely to face a stiffer sentence upon conviction. The US Drug Enforcement Agency has chosen 47 different illegal drug organizations around the world to focus upon, and Emery's seed business, magazine and web-page is the only group in Canada that the DEA is trying to shut down.

Ironically, though he has been openly doing business in Canada, even paying taxes, he does not face charges in tin's country for the very same offenses that the US is proceeding to prosecute him for. The extradition process could take years but no one knows for sure because some of the laws being used have never been heard of before. Apparently in 1990 the Canadian government signed a treaty of cooperation with the US in the war on drug and no one has been arrested before using this piece of legislation. While there is little hope that the courts will stop the extradition, there will be an opportunity to the Federal Minister of Justice, Irwin Cotler, to halt the process and let the trio free. However, Marc has not done himself any good by stating in the past that police officers and the Minister of Justice himself are Nazis or no better than Nazi collaborators.

Though Emery has somewhat retracted these statements, the damage has been done, and because he and liis group have a habit of name calling and insults, many bridges are burned. In the past Marc gave the club $2,000 when the police raids were occurring, though we always considered it a loan and even repaid $100 at a Cannabis Convention he came to in 2002. So when he was trying to bail himself out we decided to repay another $1,000, though when I got there he had just been set free on bail so 1 was able to give the check to him personally. Upon their request we wrote the check directly to his lawyer, John Conroy. Legal bills for Marc and company could easily be over $100,000 depending upon how long the process takes.

KRIEGER TO APPEAL CONVICTION

Controversial marijuana crusader Grant Krieger has won the right to appeal a trafficking conviction to the Supreme Court of Canada. Krieger, who suffers from multiple sclerosis and uses marijuana to ease his symptoms, is waiting to learn when his case will be heard and expects it will be sometime next year.
The 50-year-old Calgarian is challenging his 200.1 conviction for possession of marijuana for the purpose of trafficking which came after he was caught with 29 pot plants. For more background information about Grant see Digest #2.

FILL OUT FORMS, PLEASE!

As some of the members know, the CBC is currently working on a research project.  This project is a comparison of prescription drugs and cannabis in the treatment of chronic illnesses. We have made a questionnaire available to the members and would appreciate it if sometime before Nov 15 it could be filled out and left at the club. We hope to release this report at the club's 10'Jl Anniversary at the end of January. We will try and have someone available once a week, usually Thursday afternoon, to help members requiring assistance to fill out the forms. If you are unable to come down to the store, we can make arrangements for someone to come to your residence and help fill out the questionnaire.  

The forms can also be found on the  www.hempology.ca web-page, posted Sept 22. 2004. The goal of this research project is to have a well documented paper on the benefits of medical cannabis use. We will be completing a cost/benefit analysis from the information you provide to us.  We anticipate this to be an important step in the continued struggle for the rights of our members mid the survival of die club. If you have any questions or concerns about this project please feel free to contact the CBC or Ted Smith at 381-3262. Thank you for your help and support.

 

LETTER FROM HEALTH CANADA

Thank you for your correspondence of February 3. 2005 addressed to the Minister of Health, the Honourable Ujjal Dosanjh, concerning the inclusion of cannabis resin and other cannabis-based products in the Marihuana Medical Access Regulations (MMAR). The same letter was also received by the Office of Cannabis Medical Access at Health Canada. I regret the delay in replying.

In Canada, marihuana under the Controlled Drugs and Substances Act (CDSA). This legislation allows Canada to fulfill its international commitments under three Conventions of the United Nations: the 1961 Single Convention on Narcotic Drugs: the 1971 Convention on Psychotropic Substances: and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Under these conventions Canada is required to criminalize certain activities with respect to particular drugs, including marihuana. Marihuana is not approved as a therapeutic drug in any country in the world. It cannot be approved in Canada without adequate scientific evidence of benefits mid a favourable risk/benefit profile for the therapeutic indication(s) for which it is proposed.

At present, while pointing to some potential benefits, current scientific evidence does not establish the safety mid efficacy of cannabis to the extent required by the Food and Drug Regulations for marketed drugs in Canada. That is why our policy on medical marihuana has two components. The first component in the MMAR. which allow people with authorizations to possess and cultivate marihuana for medical purposes, and the second component is research. Conducting research will allow us to better understand whether, and for which medical conditions, marihuana may be effective medicine, and the risks associated with its use in such conditions. The MMAR were developed following the Canadian regulator, process which affords an opportunity for the public to provide comments regarding the regulations mid any proposed changes. The most recent amendments to the MMAR came into force on June 7. 2005 and were published in the Canada Gazette. Part 11 on June 29. 2005. These amendments to the MMAR mid the Regulator)' Impact - Analysis Statement are available on the Canada Gazette Web site.

The MMAR currently authorize the possession of dried marihuana only, as the evidence in support of its use for medical purposes only comes from the use of the dried plant material. There is very little, if any, anecdotal evidence regarding the use of cannabis resin for medical purposes. Compared to dried marihuana, cannabis resin may also pose greater risks to the patient due to the difficulty in dosing resulting from the increased concentration of tetrahydrocannabinol (THC) and greater variability in the THC content.

In closing. / understand that these may not be the answers you are looking for. However, the MMAR were designed to regulate the use of marihuana for medical purposes, mid we will continue to follow these guidelines, as well as continue our research efforts. Again, thank you for writing. Yours truly, Susan Fletcher, Assistant Deputy Minister Healthy Environments and Consumer Safety Branch.

Anyone interested in writing a response to this letter, especially since the charges have now been dropped, should let us know. We would appreciate copies of any letters sent to Health, Canada in regards to this issue or any other regarding medical use of cannabis.-editor

URGENT: Review on Health Canada program  The Parliamentary Standing Committee on Health is the federal body that has the authority and power to initiate and implement change to Health Canada's medical cannabis access program. They are currently looking at reviewing this federal program.
Potential review topics include various supply options. cannabis pricing, strains, medical cost coverage, organics etc. For more on pricing see:
If you would like to express your experience, views and opinions regarding medical cannabis supply/cost/access issues, or any other matter pertaining to this Health Canada program, here's the federal committee contact to address:
Standing Committee on Health
Sixth Floor, 180 Wellington Street
Wellington Building
House of Commons
Ottawa ON Kl A0A6 Canada
Fax: (613)947-9670
For translating your input into both official languages, mid distribution of your document to all the committee members, please send an additional copy of your document to:
Clerk of the Standing Committee on Health
Carmen DePape
Sixth Floor, 180 Wellington Street
Wellington Building
House of Commons   '
Ottawa ON K1A0A6 Canada

Phone:(613)995-4108

* It is recommended that you send your comments soon, as the health committee is now in session for the fall.

 

Minister Ujjal Dosanjh April 12. 2005
Minister of Health
Brooke Claxton Bldg., Tiumey's Pasture
P.L. 0906C
Ottawa. ONK1A0K9

Dear Minister Dosanjh
Re: Meeting with Health Canada

Medical Marijuana Access Regulations Since 2002, Victoria City Council has expressed an interest in obtaining more information from Health Canada in regards of medical marijuana. After a lengthy process, a meeting date was set-up for June 2003; however, due to medical concerns. Ms. Cripps-Prawak was amiable to attend the meeting.

Therefore, the City of Victoria invites a representative from Health Canada to attend a Council meeting to discuss medical access to marijuana including practices mid procedures. The City of Victoria would host this meeting at City Hall for Mayor, Council and interested members of the public.

I look forward to hearing from you with the name of a representative and tentative dates that are convenient for your office.
Yours truly. Sara C. Beaman Council Secretary
C: Mavor Alan Lowe, Chief of Police, CBC of C

CHARGES STAYED AGAINST EAST COAST BUYERS CLUB, John Christiansen

TRURO - Trafficking charges against two Nova Scotia men were stayed Tuesday Sept 6 in provincial court, leaving the ownership of 500 grams of marijuana in legal limbo.

John Thomas Cook. 40. of 750 Old Sambro Rd., came to Truro prepared to argue that charges of possession of marijuana and possession for the purposes of trafficking would not hold up in court because of legal precedents in other provinces. Cook has the Halifax chapter of the Cannabis Buyers Clubs of Canada and supplies medicinal marijuana to about 50 clients.

After several months of researching court cases to defend himself under the Canadian Charter of Rights and Freedoms, he found out last Friday that the Crown was not proceeding. "I was ripping for about two hours," he said. "I was quite upset because we were working on this for two months."

Cook, and Stephen Edward Chute, 40, of Springfield, don't contest they shipped the drugs from Springfield to Halifax County. The were arrested after a package was seized at an Acadian Lines bus terminal on Jan. 27.

The marijuana is still being held by the Colchester RCMP but Cook plans to apply to the Supreme Court of Nova Scotia to get it back. Federal Crown attorney Cameron MacKimion would not comment why the charges were stayed. But Cook thinks that putting the charges on ice is the best option for the Crown in a case they couldn't win.

"My speculation is it would be too messy...a hornet's nest." he said. Legal precedents in other provinces have knocked down marijuana possession and cultivation charges in cases of medicinal use. he said, and the laws no longer apply elsewhere in Canada because the Charter guarantees equal rights across the country. Cook has been smoking marijuana for 20 years following a couple of workplace injuries. Chute, who did not appear in court yesterday. was also injured in the workplace and suffers from environmental illness. He has used marijuana to relieve his symptoms for more than 12 years.

Charges against Cook for failing to appear for fingerprinting were also stayed.

Pot'litical Corner, by Ted Smith

The federal bill to decriminalize cannabis appears to be shelved until after the next election, though with opposition to the plan from all sides it is doubtful any such law would pass. Hopefully next year's election will find more pro-legalization supporters in office, like Denise Savoie. the Victoria City Councilor who was recently picked as the NDP candidate for Victoria. Congratulations to Victoria City Councilor, Rob Fleming for winning the Victoria/Hillside riding in the Provincial election in die spring. Rob spoke at the 2nd Cannabis Convention at the University of Victoria in favour of legalizing cannabis. Rob and Denise have been our two strongest advocates on die city council and while we do not like to see them leave that position, we are yen' happy to see such wise people working in higher levels of government. Hopefully the next council will also have some enlightened voices at the table.

On the other hand, the new candidate for the federal Liberal party in the Victoria riding is David Mulroney. the owner of Mulroney and Co., the law firm which represented the crown in die court case against the club. He ran for the Liberals in the last election in the Saanich-Gulf Islands riding and lost to Gary Lumi of the Conservatives. He was one of the few politicians who wrote back to us after we sent out letters to politicians all across the country (see digest #5 and #6). In his letter he seems to suggest that because he is making money upholding the laws it would be inappropriate to question the law at the same time.

OUR NEWEST PRODUCT:CANNAPLASTS, by Gayle Quin

Cannaplasts are made of re-cycled plant material produced in die making of cookies and oils.   Store in the freezer between uses. Each Cannaplast may be used several times if it is not applied to infection or directly onto bleeding. (Raw bud is best for this.) For sensitive skin, rub some cannabis massage oil on skin first. If skin is broken, cover with sterile gauze first and arrange the cannaplast as close as possible without getting in the wound. Keep Cannaplast in place with a tensor bandage or first aide tape. Make sure not to impede circulation.

Warm Cannaplast by steaming or dry frying over low heat. Keep warm by wrapping with a towel. Keep cold by applying an ice bag over the Cannaplast, then wrapping with a towel. May contain cannabis butter, olive oil or grape-seed oil. Drink as much water as possible while using a Cannaplast to assist your body in flushing toxins the Cannaplast may release. Tape Cannaplast directly over affected area. (If skin is broken, cover with sterile gauze and put cannaplast on each side of wound). Tape Cannaplast in place for 10 days to 3 weeks to help heal broken bones. (Replace Cannaplast with a fresh one every 23  days.) Sprains and strains may lake longer depending on extent of damage and state of personal health. Apply directly to insect stings and bites, varicose veins, sore joints and muscles. Relieves arthritic inflammation and rheumatic pains. Cannaplast may be used to pull infections. Make size of cannaplast slightly larger than infection, and replace twice a day. Do no! re-use Caimaplast used on infections. Dispose of appropriately. Cannaplasts may also be used to relieve sore or inflamed eyes. Pulls sties and alleviates pinkeye. Warm and place Cannaplast on upset or cramping stomachs, irritable bowels, or menstrual complaints. Cannaplasts may be used to treat Is' degree burns and chemical burns not requiring medical attention.2"" and 3'" degree burns should always be seen by your doctor. Cannaplasts are an excellent muscle relaxant and provides superior pain relief, including migraines. Mav be used with your regular pain medication.
 
 

REASONS FOR JUDGEMENT : LEON SMITH JUSTICE HARVEY. JAN 20. 2005

|2] Mr. Smith is charged with possession, that is Cannabis resin, for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drug and Substances Act. The items seized from Mr. Smith's premise, the Marihuana Buyer's Club, include massage oil. salve, cookies. Ryanol.
|3] Mr. Smith admits possessing, in fact creating, these items, and he also admits to selling them, albeit not for a great deal of profit and basically for humanitarian purposes, but he disputes that these items contained Cannabis resin. He says that they are merely a derivative of Cannabis. and. as such, pursuant to the timing of this charge, which is the 21st day of March 2002, and the failure of the Federal Government to have estimated at that time a means for persons exempted under the Medical Marihuana Access Regulations to actually obtain marihuana legally, these charges, as the charge before Judge Chaperon related to events in January of 2002 should also be stayed. Judge Chaperon's decision speaks for itself, including her reliance on case law relevant to that time period.
17] The charges before me initially included a charge of possession for the purpose of trafficking of Cannabis and a charge of possession for the purposes of trafficking in Cannabis resin. At the commencement of the proceedings, the Crown entered a stay in relation to the charge of possession for the purpose of trafficking of Cannabis on the basis that Judge Chaperon's decision was applicable to the circumstances of the Cannabis trafficking charge in March of 2002, bearing in mind that the charge Judge Chaperon dealt with was an incident only three months prior in January of 2002. The Crown, however, proceeded in this court on the charge of possession for the purposes of trafficking in Cannabis resin on the basis that this was a completely different substance and not exempted in any manner.
[18] Cannabis resin is a prohibited substance under the Act. There is no exemption for Cannabis resin, as there is for Cannabis. so what has been exempted then is a definition of Cannabis, limited as it is. under the Regulations. It does not include Cannabis resin. It does not include Cannabinol. It does not include Cannabidiol or Tetrahydrocannabinol. In other words, it does not specifically exempt any derivatives.
[19] I agree with Mr. Smith that no conn has dealt specifically with whether Cannabis resin should in fact be included within the exculpatory personal provisions available to an individual, but what is clear is that the only exclusion at this point does hot include Cannabis resin.
[24] In the absence of such expert evidence before me. 3 am left with the certificate of analysis, which says that these items contain Cannabis resin, and Cannabis resin remains a prohibited substance tinder Schedule II of the Controlled Drugs and Substances Act. By Mr. Smith's own admission, he has created these items, and despite his assertion that it is simply a derivative and not Cannabis resin, Ii accept the certificate of analysis of proof that these items seized contained cannabis resin.

REASON FOR SENTENCING : LEON SMITH JUSTICE HARVEY. FEB 2. 2005

|2] The case before this court is not a case about medicinal use of marihuana and the exemptions that the Government has seen fit to implement. The definitions provided by the Government are clear. They do not include Cannabis resin.
|6] Now. the issue that Judge Chaperon dealt with was medical use of marihuana which is defined by the Government. The Crown accepts Judge Chaperon's decision and, in the case that came before me acceded to be bound by that decision and did not pursue any charge of possession for the purpose of trafficking marihuana as defined under the Regulations. The case in front of me has nothing to do with the facts in Judge Chaperon's case because in that case the issue was marihuana as defined under the Act.
[10] I understand. Mr. Smith, that, you think dial Cannabis resin should be included, but it is not, either in the definition in the Act, or by Government, or by any court that has previously dealt with die matter. They have not included the derivatives of Cannabis. They have not done that, and if you think that they should have, that is another fight from square one. But you cannot arrive in this courtroom, having been charged with possession of Cannabis resin, and assume that I am going to make that quantum leap and roll it up in the same exemption, because I cannot. I am bound by the prohibition that exists here.
[14] The Crown says you are a danger because you think you are above the law. There is some merit to that if one only looks at a person who purposely ignores the law and is not mindful of what harm dial might bring to others. You indeed are very mindful of why you are breaking the law and to whom you are prepared to share dial experience with. I do not think dial any court along the way has ever had anything negative to say about the individuals whose compassion and concern for their fellow man has put them into this very position, but no court, to my knowledge, has ever accepted that, there now being availability through Government to access for this particular medicinal product, others can simply sell it and not bear the consequences. That is with respect to marihuana. It has nothing to do with Cannabis resin, because no one is entitled to possess Cannabis resin or dispense Cannabis resin. There is no such exception.
[15] So when the Crown says you are dangerous, I listen to it with an ear that is tilted to look at the circumstances in the entire context. I do not look at you as a dangerous man or someone who truly thinks he is above the law. I see you trying to change the law. Unfortunately, you may be not going at it in the most productive manner at this point. That has nothing to do whether the manner you did it previously was useful or not. At this point we have a whole different ball game.
[22] Well in its worst case scenario, I suppose it could be described by that, but I do not see you doing that as some sort of irresponsible person who thinks they are going to make a buck if they make some salve with Cannabis resin in it and sell it. All of your motives are pure, altruistic, compassionate, and you are not making money at this. You are allowing a club to keep its presence, and people who want to participate have to meet what I consider a reasonably high standard to even participate in the receipt of these items. Bui the fact is you are dealing in a prohibited substance at this point, and until it is given an exemption, you are breaking the law. You cannot reasonably suggest there is an exemption but that the Government is not providing a legal way to get at it. This is the difference in the two cases.