Medical marijuana cookie case hits Canada’s high court

Supreme Court hears edible pot safety, health arguments in B.C. challenge of criminalized derivatives

B.C. lawyer Kirk Tousaw (left)

Turning medical marijuana into cookies, tea or oil should not be a criminal act that risks jail time, a B.C. lawyer told the Supreme Court of Canada Friday in the first ever hearing of its kind.

Kirk Tousaw appeared before the country’s top court to argue the ban on cannabis derivatives, extracts and edibles like pot brownies is unconstitutional and that authorized medical marijuana patients should be free to use the drug in whatever form works best for them, not just the dried plant, which is the only medical exemption to the Controlled Drugs and Substances Act.

The federal government is appealing the dismissal by B.C. courts of drug trafficking charges against Owen Smith, a Victoria man caught baking pot cookies for members of a local compassion club.

It’s the first time a medical marijuana issue has made it to the Supreme Court after a series of court rulings that have forced Ottawa to provide physician-authorized access to the drug.

RELATED:VIDEO STREAM: Full hearing before Supreme Court of CanadaHigh court to decide right to pot cookies

Tousaw said many medical marijuana patients don’t want to smoke pot all day long to relieve symptoms and would rather eat it as the medicinal effects are longer lasting and more effective than when inhaled.

He pointed to the testimony of Gina Herman, a patient who brewed tea from her medical marijuana – technically an illegal act.

“She’s perfectly fine holding her dried cannabis, but she’s not fine holding her medicinal tea out of it,” Tousaw told the court. “That highlights the arbitrariness of these restrictions.”

He noted the trial judge in the case agreed ingesting edibles is “as safe or safer than smoking.”

Ottawa could readily regulate medical pot derivatives as it does natural health products without criminalizing them, Tousaw added.

Crown prosecutor Paul Riley argued medical marijuana patients have legitimate alternatives to smoking, including vaporizing and the use of approved cannabis-based drugs that come as pills, capsules or oral sprays.

He said advocates merely prefer an illegal form of the drug when legal options exist.

If government is forced by the courts to allow medical marijuana, he said, it’s reasonable to exclude forms for which there is no scientific evidence of the benefits or safety.

“We don’t know the implications and effects of derivative marijuana,” Riley told the court. “We don’t know those things so we’re not going to regulate them.”

Chief Justice Beverley McLachlin questioned whether criminal sanctions are appropriate.

“You’re putting people in risk of imprisonment as opposed to the usual regulatory scheme,” she said, triggering applause from the gallery.

Riley said the Victoria dispensary where Smith baked was producing massive quantities of edible pot products for dubious reasons.

He said the Cannabis Buyers Club of Canada there had nearly 4,000 members, only five to 10 per cent of whom had medical marijuana permits, and a club representative admitted having to cancel more than 500 memberships of people suspected of reselling pot.

Riley likened the case to a failed challenge by raw milk advocates of laws requiring pasteurization. Ontario courts rejected the argument their constitutional rights were violated.

“Unless you can show something is safe and therapeutically effective it shouldn’t be authorized,” Riley said, citing drugs like thalidomide that “people assumed were okay but turned out not to be.”

The ruling isn’t expected until at least summer but when it comes it could force significant changes to how medical marijuana is regulated in Canada.

The government’s new commercial pot production system offers only dried pot.

A separate challenge before the courts led by Abbotsford lawyer John Conroy seeks to ensure patients can continue to grow their own marijuana and not be limited just to buying from commercial producers.

Just Posted

Wedding plans derailed following City of Port Alberni’s train announcement

Five wedding parties are scrambling to find alternate transportation arrangements to McLean… Continue reading

Kids help Alberni Aquarium build rockfish luminary for next exhibit

Swimming For Change takes over in time for spring break

Spring fishery closures mulled for south coast

Fewer fish are returning to rivers and more conservation needed, say feds

One dead, two seriously injured in Hwy 4 crash west of Port Alberni

A man has died following a single-vehicle collision west of Port Alberni… Continue reading

Risk of ‘deadly avalanches’ leads to warning for B.C.’s south coast

Weak layer of snow on Vancouver Island, Lower Mainland could trigger an avalanche

National Energy Board approves Trans Mountain pipeline again

Next step includes cabinet voting on the controversial expansion

Fraser Health closes all pools at Harrison Hot Springs

Public pool available after all five mineral pools closed until Monday

Girl heard saying ‘Help my Dad’ in suspicious radio message on Vancouver Island

Police asking for help following mysterious signals from somewhere between Comox and Sayward

Two more measles cases confirmed in Vancouver

It brings the number of total cases within the city connected to the outbreak to ten

B.C. Special Olympics officially underway in Vernon

Athlete’s Oath: “Let me win. But if I cannot win, let me be brave in the attempt.”

Vancouver Aquarium wants your help to name a baby killer whale

The public helped name Springer’s first calf, Spirit, and is being asked to help with the second

Guards protest firing of fellow officers charged with assault at B.C. prison

Corrections officers demonstrated in Maple Ridge on Friday afternoon

Skier dies at Revelstoke Mountain Resort

Cause of death for young man has not been released

Most Read