A Canadian judge struck down a law today that limited medical marijuana use to its dried form, clearing the way for pot cookies, bud butter and body cream, the National Post reported.
Justice Robert Johnston said restricting users to dried marijuana is unconstitutional.
“The remedy for this breach is to remove the word ‘dried’ where it appears in the medical marijuana access regulations,” Johnston wrote in his ruling.
The Supreme Court hearing stemmed from a police raid against a makeshift medical marijuana bakery in Victoria, B.C., three years ago, CBC reported.
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Police arrested Owen Smith, head baker for the Cannabis Buyers’ Club of Canada in Victoria, and charged him with possession and trafficking.
Smith baked pot cookies and the club, owned by Ted Smith, made cannabis massage oil for the medical marijuana group. The men are not related.
“If you take legally grown cannabis, or Health Canada’s, and make it into one of these products, you’ve actually made an illegal extract,” Ted Smith told CBC after the arrests.
The Smiths’ lawyer argued in court that designation makes no sense.
“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,” Kirk Tousaw said, the Post reported.
However, Owen Smith still faces the trafficking charge because he supplied other users who didn't have a medical marijuana license, the Post said.
He is to appear in court on April 25.
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