Dried marijuana is no longer the only legal option available to approved medical marijuana patients.

Right to pot cookies upheld by high court

Supreme Court of Canada rules legal medical marijuana access extends to cannabis derivatives such as pot brownies, tea or oils

Medical marijuana patients have a right to possess and use cannabis in the form of cookies and products other than dried bud, the Supreme Court of Canada ruled Thursday.

The unanimous decision is a major victory for cannabis crusaders who argued they should not be forced only to smoke or vaporize the drug when edible or topical products are safer and provide benefits such as delayed delivery.

“Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivatives,” the country’s high court ruled.

It found the federal drug law exemption allowing medical pot patients access only to dried marijuana violated their constitutional right to life, liberty and security of the person.

Approved patients who illegally baked cookies, brewed pot tea or turned it into oil had faced the threat of criminal prosecution, but not any longer.

“This denial is not trivial,” the court ruled. “It subjects the person to the risk of cancer and bronchial infections associated with smoking dry marihuana, and precludes the possibility of choosing a more effective treatment.”

The ruling upholds the decision by B.C. courts that dismissed drug trafficking charges against Owen Smith, a Victoria man caught baking pot cookies for a local compassion club.

“It’s a great decision from the point of view of all medically approved patients,” said Abbotsford lawyer John Conroy, one of the lawyers who defended Smith before the Supreme Court.

He said the government’s dried-only restriction was unreasonable.

“It forced people to choose between a legal but inadequate treatment and an illegal but more effective one.”

Conroy is optimistic the Supreme Court’s ruling will also guide another pending case in which medical marijuana patients have argued before a Federal Court judge that they should be allowed to continue growing their own pot at home, instead of buying only from new commercial producers authorized by Ottawa.

In that case as well, Conroy and co-counsel Kirk Tousaw argued similar constitutional rights are in play – that medical marijuana users are deprived reasonable access if they can’t afford to buy from commercial producers and that they  then risk jail if they grow it themselves or buy on the black market.

That trial took place this spring and the judge has reserved decision.

Conroy predicts Thursday’s ruling may also allow commercial producers to start offering cannabis edibles and topicals, rather than just dried pot.

The Supreme Court did not give the federal government time to pass new regulations and instead issued an immediate order that the old restriction was no longer in force.

It’s not yet clear how Ottawa will respond, but it could regulate pot derivatives through a different mechanism.

Federal Health Minister Rona Ambrose told reporters marijuana is not an approved medicine and criticized the ruling for contributing to the normalization of marijuana use.

“I’m outraged by the message that judges are sending that they think that they can approve a drug into a medicine without clear medical scientific evidence and without safety reviews,” Ambrose said.

She cited 36 cases of people being hospitalized after becoming ill from ingesting marijuana edibles at Vancouver’s recent 4/20 pot celebration.

Just Posted

Greyhound cleared to end routes in northern B.C., Vancouver Island

Company says nine routes have dropped 30% in ridership in last five years

How the provincial budget will play out in northwestern B.C.

Price of gasoline to rise and expect MSP premiums to disppear

Snow bikers have a lucky escape on Claque Mountain

Their experience highlights the importance of being properly prepared in the backcountry

Access to naloxone kits made easier

They’re now available from pharmacies

Airport registers modest passenger increase

Manager anticipates further growth in 2018 as expansion project nears completion

President praises nearly 1,800 volunteers at B.C. Games

Ashley Wadhwani sits down with the Kamloops 2018 B.C. Winter Games President Niki Remesz

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Concert-goers unfazed by Hedley sexual misconduct allegations

Frontman Jacob Hoggard thanked fans from the ‘bottom of our hearts’ at Halifax’s Scotiabank Centre

Original B.C. Games participant-turned-sensei officiating 39 years later

Langley judo sensei was a competitor at the inaugural B.C. Winter Games 40 years ago

Police watchdog probes B.C. man’s taser death in alleged parental child abduction

Independent Investigations Office called in after one male dies

PHOTOS: Harnessing diverse abilities on the court at the B.C. Games

Basketball is one of two Special Olympics events at the B.C. Winter Games in Kamloops

B.C. VIEWS: Our not-so-New Democrats don’t rock the boat

Finance Minister Carole James takes the wheel, steers similar course

OLYMPIC ROUNDUP: Canadians all smiles after record medal haul

Team Canada is taking home a record 29 medals from Pyeongchang – 11 gold, eight silver, 10 bronze

‘All of us should be ashamed’: Calls for change after jury finds Raymond Cormier not guilty

Jury acquitted Raymond Cormier in the death of Tina Fontaine after 11-hour deliberation

Most Read