Cannabis Oil, Fresh Marijuana Now Available In Wake Of Top Court Decision

CANADA:  Medical marijuana users can legally consume other forms of the drug beyond the traditional dried version under new Health Canada rules that follow a recent ruling by the Supreme Court of Canada.

The department says licensed medicinal marijuana producers can now produce and sell cannabis oil and fresh marijuana buds and leaves as well as the dried form.

But they’ll have to comply with the same terms and conditions on dried marijuana including making sure the product is shipped in child-resistant packaging as well limiting the amount of the active ingredient in the drug.

Health Canada says while the courts require reasonable access to a legal source of medical marijuana, the government’s position is that it must be done in a controlled fashion to protect public health and safety.

Licensed Pot Producers Are Wary Of High Court Ruling On Edible Marijuana

CANADA:  Marijuana-medicated brownies, teas and oils are now on the menu for patients who prefer ingesting their treatment, yet commercially licensed pot producers say a high court ruling doesn’t set out clear directions for them.

Lawyers at the cannabis industry’s national association are hashing out the impact of a Supreme Court of Canada ruling on Thursday that struck down limits on what constitutes legally allowable forms of medicinal pot.

“It’s certainly confusing,” said Eric Paul, a director on the board of the Canadian Medical Cannabis Industry Association.

“Does this mean the legislation we’re governed by . . . gives us the right to provide oral products or edibles or some other form?

 

Medical Marijuana Users Can Bake It, Not Just Smoke It, Top Court Rules

CANADA:  The Supreme Court of Canada has ruled that users of marijuana for medical purposes have the right to bake the drug into cookies, take it in lozenge form or as topical oils, in addition to smoking it.

In a unanimous ruling Friday, the court said that federal law limiting medical marijuana use to smoking the dried form is arbitrary, and runs counter to the government’s stated objective of protecting health and safety. “The evidence amply supports the trial judge’s conclusions that inhaling marihuana can present health risks and that it is less effective for some conditions than administration of cannabis derivatives,” the court ruled, in a decision signed collectively by “the court,” which sometimes happens to give institutional weight to a ruling.

The right at stake was described by the British Columbia Civil Liberties Association as the right to personal autonomy in medical decision-making – no matter what medical science may say about the wisdom of the decision.

 

Medical Marijuana Cookie Case Hits Canada’s High Court

CANADA:  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.

High Court To Decide Right To Pot Cookies

CANADA:  Canada’s high court will weigh the constitutional rights of medical marijuana users for the first time on Friday.

At stake in the case before the Supreme Court of Canada is whether approved legal cannabis users can be restricted to just using dried marijuana – the only authorized product under the new system of regulated producers – and denied access to oil extracts and other options, such as pot brownies and cookies.

It flows from the 2009 drug trafficking arrest of Owen Smith, a Victoria man who baked pot into various edibles for a cannabis buyers’ club.

Medical pot patients have twice convinced lower courts in B.C. that it’s unconstitutional for them to be denied their medicine in different forms if they cannot or do not wish to smoke it.