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

BC Ferries has no plans to implement debit for vehicle ticket payments

Debit accepted for foot passengers, on-board purchases for all vessels

Langford hockey tournament raises money for youth sports fees

Debbie Cooper Memorial Tournament has raised $120,000 over past 10 years

Savoury Elementary receives $105,000 for new accessible playground

Langford project expected to be completed before coming school year

Saanich mayor to ask CRD to study on uniting region’s fire dispatch

Haynes floats centralizing CRD fire dispatch at South Island E-Comm

VIDEO: RCMP ask kids to help name soon-to-be police dogs

13 German shepherd puppies will be born this year

BC Ferries has no plans to implement debit for vehicle ticket payments

Debit accepted for foot passengers, on-board purchases for all vessels

‘The whole city has changed:’ B.C. woman in New Zealand reacts to mosque attacks

An expatriate and Muslim students at UBC Okanagan deeply affected by white supremacist shooting

Trudeau condemns hateful, ‘toxic segments’ of society after New Zealand shooting

Prime Minister expressed sorrow at the many attacks in recent years

Air Canada grounds its Boeing Max 8s until at least July 1 to provide certainty

Airlines around the world have been working to redeploy their fleets since their Max 8s were grounded last week

Budget to tout Liberal economic record, provide distraction from SNC furor

This is the Liberal government’s fourth and final budget before the election

Horvat scores 16 seconds into OT as Canucks beat Blackhawks 3-2

Pettersson sets rookie scoring record for Vancouver

No injuries, pollution in Vancouver Harbour ship collision: Transport Canada

Transportation Safety Board says it has deployed a team of investigators look into the incident

Budget 2019: Five things to watch for in the Liberals’ final fiscal blueprint

Finance Minister Bill Morneau will release the Trudeau government’s final budget on Tuesday

Most Read