be baked: court
SPREAD ON TOAST
BY LOUISE DICKSON
VICTORIA - People authorized to use medical marijuana can now bake it in brownies and spread it on toast, the B.C. Supreme Court ruled Friday.
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 world 'dried' where it appears in the Marijuana Medical Access Regulations and I so order," Judge Johnston said.
The decision comes out of a constitutional challenge by Owen Smith, the head baker for the Cannabis Buyers' Club of Canada. Mr. 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 for the apartment and discovered substantial quantities of cannabis-infused olive oil and grapeseed 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.
Mr. 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 argued that laws were unconstitutional and arbitrary and did not further the government's interests in protecting the health and safety of the public. Instead, the regulations predominantly forced critically and chronically ill Canadians to smoke medical marijuana, which is potentially harmful.
"Even an authorized person, under Health Canada's regime, is unable to produce cannabis butter to make cookies to eat before bed, or when they get up in the morning to deal with chronic pain, "Mr. Tousaw told the court.
During the trial, patient witnesses testified they wanted the opportunity to drink tea infused with cannabis, or eat pot cookies or apply topical oils infused with cannabis. These other modes of ingestion are more effective and less harmful than smoking or vaporizing dried marijuana, Mr. Tousaw said. Non-dried options, however, are available already through some distributors of medical marijuana in Canada.
The British Columbia Compassion Club Society lists a daily menu of its products available for medical users. While the bulk of these items are intended to be smoked - either dried marijuana or hashish - the club also had a section of "non-smokeables" on Friday, which included cookies, brownies, muffins, lollipops and pesto.
On Friday, Mr. Tousaw said he was grateful for Judge Johnston's decision. "This will pave the way for permitted users to possess and produce this medical substance in forms other than dried," Mr. Tousaw said. "Permitted users can drink it in tea or bake it with edible oils."
Mr. Tousaw also sought a judicial stay of proceedings for Mr. Smith. Judge Johnston dismissed that application. Mr. Smith is to appear in court on April 25 to set a date for jury selection and trial.
Judge Johnston was expected to hear arguments later Friday on whether his decision should be suspended for a period of time to allow the government to respond. Currently, it's not known what position the Crown will take.
Mr. Tousaw intends to argue the suspension is not necessary. "I'm hopeful the ruling will go into effect immediately and that Canadians who benefit from the use of medical cannabis in forms other than dried, other than smoked, will be able to without fear of arrest or prosecution," Mr. Tousaw said.
In previous cases, the government has appealed adverse rulings, he said. Ted Smith, the proprietor of the Cannabis Buyers' Club of Canada, said he wasn't surprised by the decision. "I had a firm belief in the law being wrong," he said. Mr. Smith, who is no relation to the accused, said he's not intimidated by the prospect of a jury trial.
Victoria Times Colonist, with files from Postmedia News ( NATIONAL POST, Saturday, April 14, 2012).
05:00 Hrs. Budzi mnie siusiu.
07:58 Hrs. Budzi mnie siusiu + wstaje. Na dworze 7-stopniowo. Temp. w kuchni 21.7C.
08:18 Hrs. Biore 3 tabletki chemii + popijam mlekiem.
08:39 Hrs. Podnosze z werandy "National Post" z "Was chivalry's finest hour its last? Titanic & the modern problem of 'women & children first.' " na okladce.
08:50 Hrs. Lektura tronowa. "Wprost".
Nowotwory w liczbach
Na nowotwory zlosliwe zapada w Polsce rocznie 120 tys. osob. Sa one druga po chorobach ukladu krazenia przyczyna zgonow w kraju. Staja sie przyczyna smierci ok. 25 proc. mezczyzn i 21,5 proc. kobiet. Panie najczesciej choruja na raka piersi. Stanowi on ponad 20 proc. zachorowan na nowotwory zlosliwe u tej plci. Kolejnymi najczesciej wystepujacymi nowotworami u kobiet sa: rak jelita grubego - 10 proc., rak pluca - 7,8 proc., i rak szyjki macicy - 6,8 proc. Mezczyzni najczesciej zapadaja na raka pluc (27 proc. wszystkich zachorowan), jelita grubego - 10 proc., raka prostaty - 8 proc., pecherza moczowego - 6,5 proc., zoladka - 6,4 proc. i krtani 4 proc.
Chemioterapia okazuje sie konieczna w przypadku ok. 50 proc. wszystkich pacjentow z nowotworem zlosliwym.
Zrodlo: Zaklad Prewencji Nowotworow Centrum Onkologii Instytutu im. M. Sklodowskiej-Curie w Warszawie (Dorota Mierzejewska, "Poki mam chemie, zyje", WPROST, 1 kwietnia 2012).
09:27 Hrs. Wskakuje na wage APSCO. 72 kg.
11:00 Hrs. Ogladam "Polskie Studio".
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18:14 Hrs. Biore 4 tabletki chemii + popijam woda.
18:48 Hrs. Biore 2 pastylki KARDIOSTABIL + 7 lykow wody.