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Tom Rees | Criminal Defence Lawyer Winnipeg

Supreme Court Rules: Consume Medicinal Marijuana in Any Form


The Supreme Court of Canada published their decision on June 11, 2015, about whether people who have been prescribed medicinal marijuana should be able to consume it in forms other than dried. To read the full decision, follow this link R. v. Smith, 2015 SCC 34. Ultimately, a unanimous Supreme Court ruled:

[33] We would dismiss the appeal, but vary the Court of Appeal’s order by deleting the suspension of its declaration and instead issue a declaration that ss. 4  and 5  of the CDSA  are of no force and effect to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes.

I do not see this as much of an issue about marijuana as it is about health. Whether you agree or disagree that medicinal marijuana should be legal in Canada is not the issue here. If we have already determined that a person is eligible to receive a certain medication, why should we then limit the way in which they consume that medication? It is like telling a patient they are legally allowed to have morphine injected into their body, but they are not allowed to consume morphine tablets.

For some medicinal marijuana users, they would rather consume it in baked goods or in oils. Some individuals did not like the potential negative health effects that smoking marijuana can cause to the bodily, especially the lungs. I agree with the Court’s decision to allow patients to consume a medically prescribed drug in a way that they chose to do.

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