SUPREME COURT of CANADA RULES MEDICAL MARIJUANA LEGAL in all forms

Chronic
June 11, 2015 1:11 PM
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OTTAWA, ON — Medical marijuana patients in Canada will now be able to lawfully consume cannabis in all forms, instead of just being allowed to smoke it, the Supreme Court of Canada ruled on Thursday in a unanimous ruling.

Thursday’s ruling against the Canadian government expands the definition of medical marijuana beyond the dried form to include all derivatives, including oils, edibles and tinctures.

Because of the ruling, Sections 4 and 5 of the Controlled Drug and Substances Act, which prohibits possession and trafficking of non-dried forms of cannabis, will no longer be in effect, having been declared “null and void” by the Supreme Court.

According to Thursday’s ruling, the country’s highest court found that the current laws restricting medical marijuana to only dried flowers violates citizens’ rights to liberty “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”

“Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivatives,” the court also said in its judgment.

In Thursday’s ruling, the Supreme Court upheld earlier rulings by lower courts in British Columbia that allowed medical marijuana patients to consume cannabis in any form they choose.

While patient advocates praised Thursday’s ruling, government officials were “outraged” by the ruling.

“Frankly, I’m outraged by the Supreme Court,” said Minister of Health Rona Ambrose. “Let’s remember, there’s only one authority in Canada that has the authority and the expertise to make a drug into a medicine and that’s Health Canada.”

“Marijuana has never gone through the regulatory approval process at Health Canada, which of course, requires a rigorous safety review and clinical trials with scientific evidence,” Ambrose added. “We [now] have this message that normalizes a drug where there is no clear clinical evidence that it is, quote-unquote, a medicine.”

The Supreme Court disagreed.

“The evidence amply supports the trial judge’s conclusions on the benefits of alternative forms of marihuana treatment,” the court said in their ruling. “There are cases where alternative forms of cannabis will be ‘reasonably required’ for the treatment of serious illnesses. In our view, in those circumstances, the criminalization of access to the treatment in question infringes liberty and security of the person.”

The ruling stems from the 2009 arrest of Owen Smith, a baker for the Victoria Cannabis Buyers Club, who was found in possession of more than 200 marijuana edibles and 26 jars of marijuana oils. Smith was charged with unlawful possession of marijuana and possession for the purpose of trafficking.

During his trial, Smith argued that the law under which he was charged was unconstitutional, and violated Section 7 of Canada’s Charter of Rights and Freedoms.

Smith was acquitted during his his trial, and an appeals court in British Columbia agreed under the principle that no one can be convicted of an offence under an unconstitutional law.

The Canadian government appealed the lower court’s decision to the Supreme Court of Canada, who also agreed. Thursday’s decision upholds Smith’s acquittal.

The Supreme Court also ruled to overturn a decision made by the appellate court to suspend the decision for a year in order to give Parliament time to rewrite Canada’s medical marijuana law to include all forms of marijuana.

The Supreme court deleted that suspension, saying it would “leave patients without lawful medical treatment.”

<snip>  ""violates citizens’ rights to liberty “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”" 

That's the part that rings with the Libertarian side of me.. IMHO, it's good to see that progress is being made now with 23 states and DC having medical cannabis laws in place.  Also good to see the Federal Govt not trying to obstruct. Positive medical results and momentum is building. Just look at the success in the treatment of seizure disorders alone.

My cynical nature tells me it's just a matter of time before the Pharmaceutical industry figure out how to get in on the profit end. Then those lobbyist will demand and succeed in nationwide decriminalization and regulation of cannabis.

So, it's somewhat good news for freedom. I also think big pharma just can't stand it. Decriminalizing would mean repealing all laws making it a crime. Regulation is just to extort money and still take away freedoms.

It's bad news for the prison industry, both private and public, and all the people directly employed, and indirectly employed who work in industries supplying prisons,  who will be put out of work....some like the 60K p/a employee who helped the escapees in NY.

Welcome to the 21st Century Canada! Here is a great video of our Colorado Rep. Jared Polis going off on a Rep from Louisiana who is quoting all the false Faux News drivel.

http://www.c-span.org/video/?c4540538/rep-jared-polis-remarks-marijuana-colorado]Rep Jared Polis on C_SPAN

N.B. This is all about "medical marijuana" here in Canada - not your average, average Joe/Joey "let's get baked" on the weekend marijuana. You know that type - it's illegal. For shame. Jaja. Here in Vancouver, B.C. there are now more "pot" stores than Starbucks. Some even have in house doctors to facilitate. One stop shopping. Gotta love it. The VPD (Vancouver Police Dept.) have refused to get involved. They will not enforce and why should they. A - the paperwork. B - it's easier for them to get their pot. Win,win. jajaja. If we were to revert to the historical uses of hemp we might just go a long way to making things a lot better in a lot of ways.