In a ground-breaking 7-0 decision, the Supreme Court of Canada has confirmed that to restrict medical cannabis users to consuming cannabis only in “dried” form, is against theCanadian Charter of Rights and Freedoms.Specifically, it violates a person’s right and liberty “in a manner that is arbitrary and hence is not in accordance with the principles of fundamental justice.”
The legislation regulating marijuana is contained within the Controlled Drugs and Substances Act. Section 4 and Section 5 which prohibited the possession or sale of anything other than “dried cannabis” are now of no effect.
This comes as a great victory for marijuana advocates across Canada – and in particular, to Owen Smith, whose personal dilemma sparked the need for change within the legislation. Check out the blog post we did on Owen’s story here.
Medical marijuana users are now free to medicate in whichever way they find most beneficial, whether it be to feast on edibles (cookies, chocolate, brownies, etc – you can incorporate THC into almost anything!) vape (similar to smoking, but with a much less harsh effect on a person’s respiratory system), dab, etc. There are creams that contain THC that provide great relief to people with painful, chronic physical conditions such as rheumatoid arthritis.
Not everyone is as thrilled as Owen Smith – Health Minister Rona Ambrose expressed outrage at the High Court’s ruling, stating the following:
“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.”
While Ms. Ambrose declared that the Federal Government will fight against the normalization of marijuana, it appears that for now, they’re in the weeds.
Heres a link to a new’s story done by Global News
The Cannabis Crusade continues, check back soon for more!