Mmmmmm. Photo via Flickr user Dank Depot
The hearing is over and the upcoming ruling—which is likely months away—could be perceived as a big win for critically ill patients caught up in the justice system for possessing weed extracts.The decision may also be a victory for the average stoner as well.The case in question involves a former BC weed baker named Owen Edward Smith who was called to Canada's Supreme Court because the Crown wants to appeal his acquittal and convict him of being a drug dealer.Back in 2009, he was charged with possessing a hefty amount of weed cookies and THC-containing cooking oils in an apartment in Victoria, BC.At the time, he was the head baker of the Cannabis Buyer's Club of Canada (now operating under the name Victoria Cannabis Buyers Club), an organization that sold edibles and oils to medical marijuana users. During the trial, it was revealed that only 5 to ten percent of CBCC members had medical authorizations for pot.Canada's drug laws are very clear as far as possession and trafficking goes. Subsection 4(1) and Schedule II of the Controlled Drugs and Substances Act (CDSA) spell out the illegality of ganja for the average Joe.But 55(1) of the CDSA is a tricky clause that allows for exemptions to be made. Furthering this exemption is a foggy regulatory scheme—called the Marihuana for Medical Purposes Regulations—which allows people with illnesses to legally access pot.But only dried bud.
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