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

Friends, family remember Dan Sealey, stepson of Minister of Agriculture, in private gathering

Lana Popham confirmed Sealey died of an accidental drug overdose earlier this month at age 23

High school graduation rates on the rise in Greater Victoria

High school completion up from 71 to 86.8 per cent over 10 years

Mommy’s Inside Voice: A little piece of you

Mommy’s Inside Voice is a biweekly column by Amie Jay, a local mother of three

Pacific Centre Family Services Association a winning design in Colwood

Victoria Real Estate Board winner a welcoming sight

Victoria curling foursome looks to defend provincial title

2019 BC Junior Curling Championships held in Vernon from Dec. 27, 2018 to Jan. 1, 2019

Unique technology gives children with special needs more independent play

UVic’s CanAssist refined seven prototypes aided by $1.5M government contribution

Greater Victoria holiday craft fair roundup for Nov. 16 to 18

Check off all of the items on your shopping list at these great events

Greater Victoria Crime Stoppers wanted list for the week of Nov. 14

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

High-end B.C. house prices dropping, but no relief at lower levels

But experts say home ownership remains out of reach for many for middle- and lower-income families

Worker killed in collision at B.C. coal mine

Vehicle collision occurred at approximately 10:45 a.m. this morning

B.C. asking for tips on ‘dirty money’ in horse racing, real estate, luxury cars

Action follows a Peter German report on money laundering in B.C. casinos

Canadian dead more than a week after plane crash in Guyana: Global Affairs

Global Affairs said it couldn’t provide further details on the identity of the Canadian citizen

Children between 6 and 9 eligible for $1,200 RESP grant from province

BC Ministry of Education is reminding residents to apply before the deadline

Privacy concerns over credit card use for legal online pot purchases

Worries follow privacy breaches at some Canadian cannabis retailers

Most Read