timescolonist

By Louise Dickson, timescolonist.com January 25, 2012

A Victoria woman who suffers from chronic pain told a court Wednesday that her family doctor refused to help her obtain approval from Health Canada to use medical marijuana.

“She was against it. She said ‘I don’t want to be a drug dealer,’” Sandra Large testified from her wheelchair at Owen Edward Smith’s trafficking trial in B.C. Supreme Court.

“It made me angry. I think a doctor’s purpose is to help patients.”

Smith, 29, the head baker for the Cannabis Buyers’ Club of Canada, has launched a constitutional challenge against Health Canada’s medical-marijuana access regulations.

He was charged on Dec. 3, 2009, with possession for the purpose of trafficking THC and unlawful possession of marijuana after the manager of an apartment building complained to police about a strong smell wafting through the building. Police obtained a search warrant and discovered that the suite was being used as a bakery. Officers recovered substantial quantities of cannabis-infused olive and grapeseed oil, as well as pot cookies, destined for sale through the club.

Large, who has been a member of the club for at least five years, testified that her doctor tried to push pharmaceutical drugs on her.

Large told Justice Robert Johnston that she was badly injured in a motorcycle accident and suffered a debilitating stroke in 1995. She also has epilepsy, irritable bowel syndrome, arthritis and fibromyalgia, which makes her feel like her joints are locked.

Large experiences tremendous pain from migraine headaches and developed congenital heart failure. She also had cancer.

“That club is something I truly believe in,” Large testified. “If it wasn’t for the cookies and lozenges, I don’t think I would have any pain relief.”

Large eats a cannabis cookie every day and described the cannabis-infused lozenges as “phenomenal.”

After two pharmaceutical prescriptions from a dentist failed to heal an abscess in her mouth, she put a lozenge directly on the sore and it disappeared by the next day, she testified.

Defence lawyer Kirk Tousaw asked her to describe the relief she gets from eating the pot cookies.

“It almost takes away the fibromyalgia completely,” Large said. “It reduces the headaches . . . It makes all the pain go away and that is very important to me.”

When she is pain free, she can leave the house and socialize, something she was not able to do for years, said Large.

Smoking cannabis also appears to prevent epileptic seizures, she testified.

“As long as I have a joint, I know I’m not going to have a seizure that day.”

Large’s family doctor said she could not condone the use of marijuana and was concerned about mixing it up with the number of medications she already takes, Large recalled.

“But if something is going to relieve pain and stress, I’m going to continue using it,” said Large, who testified that she had never had any adverse side-effects.

Federal prosecutor Kristina Guest asked Large if there were the medical risks from taking cannabis.

“There are no medical risks that I’m aware of,” Large replied.

Large said she was given an orientation to the club by a staff member who goes by the nickname Spud. He did not tell her if he had any medical or pharmaceutical training, she testified.

Large recalled that she took her medical history to the club. She was not asked if she suffered from heart, liver or kidney disease, or if she, or anyone in her family, suffers from schizophrenia or bipolar disease.

She was asked if she suffered from depression and was warned her about mixing cannabis and alcohol, Large said.

ldickson@timescolonist.com

timescolonist

By Louise Dickson, timescolonist.com January 24, 2012

A cannabis expert agreed Tuesday that people eating medical marijuana cookies would have to trust their baker.

David Pate, who holds a masters degree in biology and a PhD in pharmaceutical chemistry, agreed with Health Canada’s information for health-care professionals, which states that precise dosages of cannabis have not been established.

“The complex pharmacology of cannabinoids, interindividual differences in cannabinoid bioavailability, prior exposure to and experience with cannabis, the variable potency of the plant material, and different dosing regimens used in different research studies all contribute to the difficulty in reporting precise doses or establishing uniform dosing schedules,” Crown prosecutor Peter Eccles read into the court record.

“Natural products all have that foible,” said Pate, who was testifying at the trial of Owen Edward 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 THC and unlawful possession of marijuana after the manager of an apartment building complained to police about a strong smell wafting through the building. Police obtained a search warrant and discovered that the suite was being used as a bakery. Officers recovered substantial quantities of cannabis-infused olive and grapeseed oil, as well as pot cookies, destined for sale through the club.

Smith has launched a constitutional challenge against Health Canada’s medical-marijuana access regulations. His defence lawyer, Kirk Tousaw, is challenging the validity of the Controlled Drugs and Substances Act regarding marijuana. Tousaw is arguing that the medical marijuana program is unduly restrictive and constitutionally flawed because those authorized to use medical marijuana can possess it only in dried form.

Health Canada has rough dosing guidelines for smoked or vaporized marijuana, said Eccles. But the health-care guidelines indicate that absorbing marijuana in baked goods, such as cookies or brownies, or drinking it in tea is slow and erratic.

“I would agree with the slow and erratic,” said Pate. “I will also contend that dosing is more reliable orally than by smoking it.”

Pate said he would be more comfortable taking a known oral dose than a smoked dose.

“But this is cannabis. There are no catastrophic consequences,” he said.

Eccles also pointed to information in the Health Canada literature that cautions patients with no prior marijuana experience to begin at a very low dose and to stop therapy if unacceptable side effects occur. He suggested the manufacturer of edible products may not know exactly what’s in them.

“For example, people could be eating a cookie with five to seven different strains of marijuana in it. You’d have to trust the baker,” said Eccles.

“You’d have to trust the baker … And you’re along for the ride,” Pate said.

ldickson@timescolonist.com

Nothing unique about dried pot, court told

By Louise Dickson, Times Colonist January 24, 2012

A cannabis expert has concluded that there is no scientific or medical basis to differentiate between whole dried marijuana plants and cannabis resin.

On Monday, David Pate, cofounder of the International Hemp Association, told B.C. Supreme Court Justice Robert Johnston that the two primary therapeutic compounds of cannabis (THC and CBD) are found in the resin.

“The plant matter itself is not a desired therapeutic component,” Pate wrote in an affidavit entered into evidence at the trial of Owen Edward Smith, the head baker for the Cannabis Buyers’ Club of Canada.

“This is because plant matter can contain a variety of harmful or unwanted compounds which may include heavy metals, fertilizer residue, pesticides, moulds and insect remnants.”

Smith 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking THC, one of the active ingredients in marijuana. He is also charged with unlawful possession of marijuana.

Smith was charged after the manager of an apartment building complained to police about a strong smell wafting through the building. Police obtained a search warrant and discovered the suite was being used as a bakery. Officers recovered substantial quantities of cannabis-infused olive and grape seed oil, as well as pot cookies, destined for sale through the club.

Smith has launched a constitutional challenge against Health Canada’s medical-marijuana access regulations. His defence lawyer, Kirk Tousaw, is challenging the validity of the Controlled Drugs and Substances Act regarding marijuana. Tousaw is arguing that the medical marijuana program is unduly restrictive and constitutionally flawed because those authorized to use medical marijuana can possess it only in dried form.

Cannabis plant matter may not be good for people with gastrointestinal problems, said Pate, who holds a masters degree in biology and a PhD in pharmaceutical chemistry.

There are a number of ways to ingest the active compounds in cannabis, he wrote in the affidavit. It may be smoked or vapourized. It can be eaten in food products – such as brownies or cookies – prepared with cannabis-infused oil or butter.

People can also use oil-based preparations with resin extract and apply it directly to the skin. Another way to ingest cannabis compounds is to spray an alcohol extract of the resin under the tongue.

People who suffer from gastrointestinal conditions such as Crohn’s disease or irritable bowel syndrome can benefit from ingesting cannabis-based medicines, said Pate. This provides the benefit of direct therapeutic action, which can be more effective and require fewer doses.

ldickson@timescolonist.com

By Louise Dickson, Times Colonist January 18, 2012

Mayor’s letter to minister becomes evidence in pot trial

In March 2006, former Victoria mayor Alan Lowe wrote to Tony Clement, then federal health minister, asking him to immediately review Canada’s medical marijuana regulations “to determine where improvements can be made to ensure a better quality of life for those Canadians in need of medical assistance.”

The letter, written on behalf of Victoria city council, was entered as evidence Tuesday at the trial of Owen Smith, head baker for the Cannabis Buyers’ Club of Canada (CBCC).

Smith, 29, has been charged with possession for the purpose of trafficking THC, one of the active ingredients in marijuana, and unlawful possession of marijuana on Dec. 3, 2009.

Smith has essentially admitted he used a View Street apartment as a commercial bakery, making pot cookies and other cannabis-based products for sale through the club. However, he is raising a constitutional challenge against Health Canada’s marijuana access regulations and the validity of the Controlled Drugs and Substances Act.

In the March 20, 2006, letter, Lowe told Clement the issue of public access had been raised at city council by a number of citizens who rely on marijuana to manage pain.

Although the previous federal government had endorsed the medicinal properties of cannabis, “adequate production and distribution channels do not appear to be in place,” wrote Lowe. “In the absence of this infrastructure, many Canadians will continue to suffer the debilitating effects of their illnesses without the benefit of effective pain management techniques.”

Four years earlier, on April 18, 2002, the city passed a resolution declaring that the federal laws regarding cannabis need to be changed, especially for people with incurable medical conditions. The city also proclaimed Nov. 15 International Medical Marijuana Day and encouraged everyone to act with tolerance, compassion and understanding toward people who need cannabis to relieve their pain.

The documents were entered by defence lawyer Kirk Tousaw during the testimony of Ted Smith, proprietor of the CBCC and no relation to the accused.

Ted Smith, 42, testified that when he moved to Victoria in September 1995, he met a woman called Leslie at the Sacred Herb hemp shop. Leslie volunteered in the AIDS community in James Bay, making pot cookies, brownies and medical salves.

“When they ate the cookies, they’d put the weight back on . . . it made them want to live again.”

Ted Smith decided he wanted to help people who were dying from cancer or suffering chronic pain. On April 1, 2001, he opened the club at 826 Johnson St. Between 2001 and 2003, the club was raided a number of times, he testified.

Ted Smith was convicted of trafficking in resin, but the conviction was dropped on appeal. He was granted a stay of proceeding on another trafficking offence.

Tousaw entered a number of letters between Ted Smith and Health Canada into evidence. In the documents, Smith questions why Health Canada’s marijuana access regulations only allow people authorized to use marijuana to possess it in dried form.

“My client was trying to get some understanding why the regulatory scheme would allow people to smoke dried marijuana versus what he perceived to be less harmful ways of getting cannabis into the body by eating or applying it topically,” said Tousaw.

In 2006, a letter from a Health Canada official to Ted Smith says as long as the plant is dried first, any preparations made after that are acceptable. The statement was retracted by another official in 2008.

ldickson@timescolonist.com

Ex-baker for cannabis buyers’ club launches constitutional challenge

By Louise Dickson, Times Colonist January 17, 2012

Ted Smith, left, Owen Smith and lawyer Kirk Tousaw share thoughts outside the Victoria courthouse Monday.
Photograph by: Darren Stone, Times Colonist, Times Colonist

A Victoria man who was the head baker for the Cannabis Buyers’ Club of Canada has started a constitutional challenge against Health Canada’s medical-marijuana access regulations.

Owen Edward Smith, 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking THC, one of the active ingredients in marijuana. He is also charged with unlawful possession of marijuana.

Smith was charged two years ago after the manager of the Chelsea apartments on View Street complained to police about a strong, offensive smell wafting through the building. Police arrested Smith and obtained a search warrant.

They discovered the suite was being used as a bakery. Officers recovered substantial quantities of cannabis-infused olive and grapeseed oil, as well as pot cookies, destined for sale through the club.

Smith’s trial began Monday in B.C. Supreme Court, but the case could be thrown out before a jury hears it. Although Smith pleaded not guilty to the charges, admissions of fact were entered into the court record, in which he basically admits the essential elements of the offences.

However, the trial moved quickly into a voir dire – a trial within a trial – to allow Smith’s defence lawyer, Kirk Tousaw, to challenge the validity of the Controlled Drugs and Substances Act regarding marijuana.

Tousaw asked Justice Robert Johnston to enter a stay of proceedings, arguing that marijuana is a reasonable choice for the patients and members of the Cannabis Buyers’ Club of Canada.

Tousaw also will argue that decisions of the Canadian government, following a number of challenges over the past 10 years, have been in contempt of the courts.

“The courts have said many times access to marijuana is a right guaranteed by the Charter [of Rights and Freedoms] and that the government ought to expand and open up the restrictions in its current regime,” Tousaw told media outside the Victoria courthouse.

“The government’s response to that has been woefully inadequate.”

Under the charter, Health Canada’s medical-marijuana program is unduly restrictive and constitutionally flawed, said Tousaw. People authorized to use marijuana for medical reasons are allowed to possess it only in dried form.

“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,” he said.

The defence lawyer said he hopes the trial will “make the government come to its senses” and put in place a sensible, easy-to-access medical-marijuana program so people can use marijuana and all its derivatives without fear of criminal sanctions.

During the voir dire, federal prosecutor Peter Eccles presented the bare bones of the Crown’s case through the admissions, which indicate the apartment was being used as a commercial bakery.

Victoria police exhibit officer Const. Colin Brewster described batches of baked pot cookies, peanut butter jars full of an oily substance, empty gel capsules and flattened cardboard boxes.

Ted Smith, the proprietor of the Cannabis Buyers’ Club of Canada, who is no relation to the accused, testified that Owen Smith made about 28 edible and topical marijuana-based products for members of the club.

He also described the history of the club, which serves the need of 3,700 critically and chronically ill Canadians who use cannabis to relieve pain from their debilitating conditions.

In an unusual move, Johnston did not impose a publication ban on the voir dire because of the admissions.

ldickson@timescolonist.com

Jan 9, 2012

Victoria, B.C.: In a profound case of nature versus science, the bakery trial of the Cannabis Buyers Clubs of Canada has 20 days of court time scheduled to begin Mon Jan 16. This trial stems from a raid on a downtown apartment in Dec 2009 when Owen Smith was arrested and eventually charged with possession for the purpose of trafficking THC and possession of cannabis.

Expert witness for the defense, Dr. David Pate, will submit evidence that THC, not the plant material, is primarily responsible for many of the medical benefits of cannabis. He will prove that there is no scientific justification for cannabis resin or other active chemicals in cannabis to be illegal, especially edible and topical products like Owen was making, when the herb itself is legally available through the Marijuana Medical Access Regulations. Synthetic THC is sold at $8 per pill.

Members of the CBC of C will testify about how eating cannabis has dramatically improved their lives. The founder of the CBC of C, Ted Smith, is also expected to testify about the club’s relationship with Health Canada, the City of Victoria and the Victoria Police Department.

Since the creation of the MMAR in 2001, Health Canada and the crown have consistently lost court cases against clubs and individuals supplying cannabis products to patients. The CBC of C was raided 4 times between Jan 2002 and Feb 2003 but was able to beat every charge in court.

If lawyer Kirk Tousaw cannot convince Justice Johnson to rule the MMAR violates the Charter of Rights and Freedoms, then Owen still has an opportunity to get an acquittal from a jury. The 10 day jury trial would be a repeat of the constitutional hearing, except for the expert witnesses. Juries have the option of throwing charges out of court if they determine the defendant had a medical necessity.

This month the club is celebrating 16 years of providing cannabis products to people with permanent, physical disabilities and diseases. Now with 3,700 members, the CBC of C is the oldest medical dispensary in the world and currently has 31 cannabis food and skin products.

We will be having a press conference at the Burdett St entrance at 9:30 am. The trial starts at 10 am.

More details are available in the pretrial summary:

HempoForums

For more information see hempology.ca or call 250-381-4220.

Barely a year old, the UBC Hempology 101 Club needs your help to get
things happening on campus. The founding president and most of the
executive have just resigned because they wanted to promote the uses
of hemp without addressing the harms of prohibition, the medical
benefits of cannabis or activism. It is strange they would have
joined Hempology 101 at all because our goal has been the legalization
of cannabis since before I became involved with it 17 years ago.
My name is Ted Smith and I am the president of the International
Hempology 101 Society. We also have student clubs at the University
of Victoria, where I teach a free, non-credit lecture series, and
Vancouver Island University in Naniamo.

If you have not heard of the history of Hempology 101 check out our
many web pages, especially the forums which you can find on the right
side of the hempology.ca page. There is also a new section in the forums
that has been created for the UBC Hempology 101 Club so feel free to
check it out and post your thoughts.

Despite what an email recently sent to club members says, UBC
Hempology 101 is not in a crisis. We just need to hold our Annual
General Meeting on Fri March 2 to elect a new executive. This is a
normal process that every club goes through. It is unusual that the
executive of a club would quit to form a similar club, but stuff like
that can happen to any new club where the people who start it barely
know each other.

The AGM will be almost immediately followed by the 2nd Annual UBC
Cannabis Convention on Sun March 4. The speakers this year include
Randy Caine, who has been arrested selling cannabis to patients in a
club in Langley, Dr Paul Hornby, a cannabis researcher, Dan Werb, a
researcher with the newly formed group Stop The Violence BC and Chris
Bennett who will be talking about the ancient uses of hemp.
Many more activities will be happening with the UBC Hempology 101 Club
once a good new executive takes over. If you are interested in
helping UBC Hempology 101 please help spread this message to other
students. We really need to form a solid executive so that next year
we do a lot more than a single convention.

There will be a general meeting on Fri Jan 13 at 5pm in the Resource
Groups Area (SUB245A) to discuss how to help ensure as many students
as possible find out about the AGM and the convention. I will be there
with the new issue of the newspaper I publish, the Cannabis Digest.

The AGM will be Fri March 2 at 5pm in SUB 42T.

Thnx for your help and time. Have a hempy day.

Ted Smith