Medical marijuana users can now possess the drug in forms other than dried leaves

Pot brownies, tea okay for approved users: court

Judge's ruling widens authorized medical possession of marijuana beyond just dried leaves

Medical marijuana users can legally eat pot brownies or drink THC tea rather than just smoke the drug, B.C. Supreme Court has ruled.

Justice Robert Johnston found Health Canada’s Medical Marijuana Access Regulations unreasonably limited users to possessing only the dried form of pot.

The judge ruled users should be able to choose “how to ingest the medicinal ingredients in the safest and most effective manner” and that the rules are unconstitutional.

The decision is part of a marijuana trafficking case against Victoria man Owen Smith, the hired baker of the Cannabis Buyers’ Club of Canada, who turned marijuana into cookies, oils, capsules and ointments for the club’s 3,700 members.

Defence lawyers argued the dried-only rule forces people to smoke to get the medical benefit, adding that’s more unhealthy than eating it or applying it topically.

The court heard evidence that orally consumed marijuana may deliver the therapeutic benefit more directly for gastrointestinal conditions and that oral ingestion prolongs the effects, which is important for those with chronic pain or glaucoma.

Crown prosecutors argued the rule allowing medical users possession of dried pot only helps police or regulators easily determine if a user is exceeding the possession limit, which would be more complex if a user instead had marijuana cookies or cannabis butter.

“I conclude that this restriction is arbitrary,” Johnston ruled. “I am not prepared to infer that it is necessary to restrict medical marijuana to its dried form in order to make enforcement of the drug laws possible.”

The decision was a ruling on part of the evidence in the case against Smith, which is still slated to go to trial because he may have provided pot products to non-authorized users.

It’s not clear whether the ruling will take effect immediately or if Crown will appeal.

Just Posted

Free firework safety courses coming to the West Shore right before Halloween

No permit? You could be fined anywhere between $100 and $10,000

Fairfield-Gonzales residents aim to establish senior care phone line

The Fairfield-Gonzales Village would allow seniors living alone to have a direct line to resources

Vendors open doors to new futures at Black Press Extreme Education & Career Fair

More tham two dozen employers, educators signed on for Victoria event

Persons Day to be marked with literary readings in Sidney

Peninsula authors to read from their new books relating to women and courageous journeys, Oct. 18

Antimatter 2019: The best in experimental media art comes to Victoria

22nd annual festival of film, performance art and more biggest ever – 120 artists, 30 countries

VIDEO: Greater Victoria, here’s the news you missed this weekend

Dog killed in alleged hit and run, Goodlife Marathon takes over city and more

‘Save the kids!’ Dorian survivor tells the harrowing story of his Canadian wife’s death

Family held a funeral and placed Alishia Liolli’s remains in a niche at a cemetery in Windsor, Ont.

Okanagan woman, 91, votes at advance polls despite broken hip, shoulder and wrist

Angela Maynard has voted in almost every election during her lifetime

Heiltsuk Nation open first Big House in 120 years in northern B.C.

Opening means the community now has an appropriate space for spiritual and ceremonial events

Singh says NDP would form coalition with the Liberals to stop Tories

Singh was in a Liberal-held riding Sunday afternoon in Surrey where he was pressed about his post-election intentions

‘My heart goes out to the mother’: B.C. dad reacts to stabbing death of Ontario boy

Carson Crimeni, who was also 14, was bullied relentlessly, his dad says

The one with the ‘Friends’ photoshoot: Kelowna group recreates TV show intro

A friend’s departure prompted them to create something that really says, “I’ll be there for you”

Canadian Snowbirds plane crashes before air show in Atlanta

Pilot lands safely after ejecting from jet

Share crash data, private insurers tell David Eby, ICBC

B.C. monopoly makes drivers retrieve their own records

Most Read