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Canada: Medical pot can be eaten, not just smoked: B.C. Supreme Court LOUISE DICKSON, Victoria Times Colonist; Postmedia News Montreal Gazette Saturday 14 Apr 2012 Justice Robert Johnston concluded that the section in Health Canada's Marijuana Medical Access Regulations (MMAR), restricting recipients to using only the dried form of the drug, is unconstitutional as it breaches the Charter of Rights section guaranteeing "life, liberty, and security of the person." "The remedy for this breach is to remove the word 'dried' where it appears in the Marijuana Medical Access Regulations and I so order," said Johnston. The decision comes out of a constitutional challenge by Owen Smith, the head baker for the Cannabis Buyers' Club of Canada. Smith, 29, was charged on Dec. 3, 2009, with possession for the purpose of trafficking and unlawful possession of marijuana, two years after an apartment manager complained to police about a strong, offensive smell wafting through the building. Police obtained a search warrant and discovered substantial quantities of cannabis-infused olive oil and grape seed oil and pot cookies, destined for sale through the club. At the time he was charged, he was producing oils and topical and edible cannabis-based products for the club. Smith's trial began in January with a voir dire - a trial within a trial - on a charter application challenging the restrictions in the MMAR that allow authorized users to possess medical marijuana in dried form only. Defence lawyer Kirk Tousaw also sought a judicial stay of proceedings for Smith. Johnston dismissed that application. Smith is to appear in court on April 25 to set a date for jury selection and trial. In previous cases, the government has appealed adverse rulings, he said. Outside court, Smith said he felt a flutter in his heart at the word "unconstitutional." "I'm really proud of all the work we've done so far. Lots of patients and members of the club have been very supportive. We're going to keep going and do just as good a job in the next round in front of a jury." Read more: http://www.montrealgazette.com/news/Medical+eaten+just+smoked+Supreme+Court/6458170/story.html#ixzz1s0CmZLpj http://www.montrealgazette.com/news/Medical+eaten+just+smoked+Supreme+Court/6458170/story.html
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