A B.C. Supreme Court Judge has struck down part of Canada's medical marijuana law that limited users to the dry form of the drug, which just doesn't work as well in baking.
In his decision, Justice Robert Johnston found it was unreasonable to bar patients from using THC oils or cannabis butters in brownies, acknowledging there is "some evidence that in its dried form, marijuana is not particularly palatable."
The Crown argued the drug content of non-dry forms is harder to measure, that oils would be simpler for authorized users to funnel into the black market, and that Canadians do not have a right to "tasty cookies."
But Johnston disagreed, ruling that patients' right to choose how to take their medicine outweighs any potential risk to state interests. Johnson found the rule violates the Charter of Rights and Freedoms and ordered the word "dried" be scrubbed from Health Canada's Marijuana Medical Access Regulations immediately.
"I conclude that there is little rational connection between the restriction to dried marijuana and the legitimate objective of preventing diversion of unlawful medical marijuana," Johnston wrote in his decision.
Patients are still required to obtain authorization under the MMAR to lawfully access the drug.
The Charter challenge was launched by Owen Smith, a baker for the Cannabis Buyers' Club of Canada who has been charged with possessing and trafficking marijuana.
His request to have those charges stayed was denied, and he will have to stand trial.
The dried pot rule will remain struck down at least until his case reconvenes on April 27, at which time the court will decide whether to extend the ruling or allow the federal government to appeal.
B.C. Medical Health Officer Dr. Perry Kendall issued a statement Friday applauding the ruling as "sensible" for allowing patients to avoid the negative health effects of smoking.
