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

B.C. chiefs show solidarity with Wet’suwet’en hereditary chiefs

Chiefs from around B.C. outside the Coastal GasLink pipeline route in Smithers show support.

Woman killed in head-on crash near Vanderhoof

RCMP say driver crossed the centre line and hit a loaded fuel tanker truck

RCMP to review actions at Wet’suwet’en pipeline protest camps

Senior Mountie says he hopes protests will be peaceful following deal with hereditary chiefs

‘Tripod’ delays access to Unist’ot’en camp

Social media rumours of cultural significance quashed, meaning police “exclusion zones” should end.

Hereditary chiefs negotiate injunction agreement

Wet’suwet’en hereditary chiefs abide by interim injunction, but gate stays up. Still opposed.

VIDEO: U.S. Congress to probe whether Trump told lawyer Cohen to lie

At issue is a BuzzFeed News report that about negotiations over a Moscow real estate project

Rookie Demko backstops Canucks to 4-3 win over Sabres

Young Vancouver goalie makes 36 saves to turn away Buffalo

Charges upgraded against mother of murdered B.C. girl

Kerryann Lewis now faces first- rather than second-degree murder in the death of Aaliyah Rosa.

UPDATE: Injured firefighter in stable condition

Kelowna fire crews responded to a blaze at Pope’sGallery of BC Art & Photography on Friday

Rare ‘super blood wolf moon’ takes to the skies this Sunday

Celestial event happens only three times this century

Arrest made after historic B.C. church hit by arson

The fire at the 150-year-old Murray United Church in Merritt was considered a possible hate crime

B.C. dangerous offender in court for violating no-contact order, sends letter to victim

Wayne Belleville was shocked to see a letter addressed to him from his shooter, Ronald Teneycke

Man blames his loud car radio, sirens for crash with B.C. ambulance

Tribunal rejects bid to recoup ICBC costs after crash deemed 100-per-cent his fault

RECALL: Salmon Village maple salmon nuggets

Customers warned not to eat product due to possible Listeria contamination

Most Read