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

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

What’s happening for Family Day in the Boundary

Activities in and around Grand Forks offer something for everyone.

Biologists discover another female calf in depleted South Purcell Mountain Caribou herd

Calf will be moved to Revelstoke maternity pens, then released

Petition on Second Street project presented to council

Over 1,000 signatures were gathered, but staff say council can’t do much about the project.

Man seriously hurt after police shooting near Nelson

Incident has been reported to provincial police watchdog

VIDEO: 8 things you need to know about the 2019 B.C. budget

Surplus of $247 million with spending on children, affordability and infrastructure

‘Bullet missed me by an inch’: Man recounts friend’s killing at Kamloops hotel

Penticton man witnessed Summerland resident Rex Gill’s murder in Kamloops

B.C. BUDGET: Income assistance raise still leaves many below poverty line

$50 per month increase included in funding for poverty and homelessness reduction

B.C. BUDGET: Indigenous communities promised billions from gambling

Extended family caregiver pay up 75 per cent to keep kids with relatives

B.C. BUDGET: New benefit increases family tax credits up to 96 per cent

BC Child Opportunity Benefit part of province’s efforts to reduce child poverty

B.C. BUDGET: Carbon tax boosts low-income credits, electric vehicle subsidies

Homeowners can get up to $14,000 for heating, insulation upgrades

B.C. man survives heart attack thanks to Facebook

A Princeton man suffered a heart attack while at an isolated property with no cell service

B.C. man sues Maxime Bernier’s People’s Party over trademark

Satinder Dhillon filed application for trademark same day Maxime Bernier announced the new party

New trial ordered over banning whales, dolphins at Vancouver aquarium

Park board’s appeal reverses previous decision that found it had no right to implement a ban

Most Read