Court Decision Okays Production of Marijuana Edibles and Extracts

CANNABIS CULTURE – A BC Supreme Court Justice on Friday followed his decision in the Owen Smith trial, handed down April 13, by denying an application by the crown to maintain the status quo and thereby allowing designated medical marijuana growers in BC to produce and sell cannabis extracts to their patients.

Last year, Justice Johnson ruled that the Marijuana Medical Access Regulations were unconstitutional because they did not allow patients to make derivatives of the product without breaking the law. However, he gave the government one year to create regulations to control the sale of these products by licenced suppliers. With that year over, Justice Johnson determined the government was not stalling to adjust the regulations to accommodate his decision but only wanted to delay until the appeal, and so he finally allowed DGs to make derivatives for their patients.

The case will be heard before the BC Court of Appeal on Oct 17. Lawyer Kirk Tousaw is keen to see the case go all of the way to the Supreme Court of Canada, partly so the decision is fully binding across the country. In the trial, expert witness Dr. David Pate did an excellent job explaining to the judge how the worst possible side effect from a cannabis overdose is sleep.

Owen was arrested in a downtown Victoria apartment making food and skin products for members of the Cannabis Buyers Clubs of Canada. He was charged with possession for the purposes of trafficking THC, the most active chemical in the cannabis plant. That charge was dropped in January when the crown determined that a jury trial was not likely to convict him.

The MMAR, and the proposed Marijuana for Medical Purposes Regulations, only authorizes patients to use dried marijuana. Before the decision last year, patients and their caregivers that made butter, hash, tincture, tea, honey oil or any other product that extracted the cannabinoids from the plant material, could be charged with a criminal offense, even if they bought the herb from the government.

Synthetic THC is available on the market, sold in Canada at approximately $8 per pill. In its written submission, the crown claimed another reason for Justice Johnson to maintain the status quo was to protect the financial investments made by companies that have put cannabinoid drugs on the market. Many patients claim using whole-plant cannabis products helps more than the synthetic derivatives. The monopoly on cannabis-based medicines has been broken.

After the court decision last year, police informed the Canada Revenue Agency that CBC of C founder, Ted Smith, no relation to Owen, was not collecting HST or employee deductions. The CRA eventually handed him a bill for about ¼ million dollars, forcing him to declare bankruptcy and sell the operation to a newly formed non-profit society, the Victoria Cannabis Buyers Club. Ted is now solely employed by the International Hempology 101 Society and is the author of HEMPOLOGY 101: The History and Uses of Cannabis Sativa.

Read more about the case in the Victoria Times Colonist



  1. awesomesound on

    Still no answers to my questions, In the last few month there has been a few companies that are ready to accommodate your large grow rules and have scouted out locations only to run into neighborhood watches saying they don’t want a large scale grow op in their neighborhood so how and where is my medicine going to be grown and shipped to me on time? just a note the reason I am growing for myself is that my prescription is so small that I have been turned down more then once from Designated growers because it is not worth there time Can you grantee that this won’t happen with your growers? also will the commercial growers have the same variety of strains as the Compassion Clubs and now with the court ruling allowing extracts and baked good, how am I going to get my butter tarts, through Canada Post?

    This Government policies and Health Canada are stupider then stupid.

  2. Anonymous on

    You have no clue what your talking about! Blueberrys do not have a safe drug in them?! Why would you extract from them? Oh great point man…? Plus Hash is perfecty safe. No solvent used to make so there is no arguement. Plus! Hash has been used since like BC so in your face retard!

  3. Anonymous on

    I just read an article earlier on washington’s corporate stance for product availability …. notice how I didn’t use the toxic term “legalization”, because it isn’t.

    They’ve of course banned all “extracts” and consider “hash” to be such.

    Hash it NOT, NOT an “extract”. It isn’t even a “derivative”. It “can” be an extract, but it isn’t endemic to the process any more so than picking blueberries off the fucking shrub and I never once heard my late great aunt say “let’s go extract some blueberries”.

    I would like to see a corporation sell a real weed product without having the possibility of hash collecting in the bottom of the bag.

    Clearly, the only way would be to run extractions on it first, in order to ensure that their customers can’t or that it doesn’t happen accidentally. They’d be happy doing that too because that means they sell you the waste product of their pill processes.

    But the fact is it’s like blueberry picking, where the trichomes are the blueberries and nobody wants to pay for the stem of the bush, because we do have to fucking pay and they clearly don’t mind that at all having made zero allowance to minimize what we pay and instead quite the opposite.

    They really want to eat our cake and have it too, but they have to steal it first. So all of you assholes running around talking about how fucking legal it all is right now, keep this is mind if you find yourself satisfied or pacified with recent happenings.

    There is a market for extracts and it’s not going away. It is advantageous the raw supplies (weed) in bulk quantity but without bulk quantity prices, and forcing them into the potentially deadly position, for themselves and others, of making their own extracts.

    The whole point of “legalization” is to do away with this very fucking stupidity, and having it readily available, affordably, via safer and more controlled means. In the same way we can buy spirits instead of running our own stills and for the same reasons.

    Since they can’t even do that, they must see reason to maintain the current status quo in that regard. Maybe once a year some BHO user burns himself and his family to a fine crisp and they can wheel out his stiffened remains to point and laugh and say “too bad you just didn’t listen to us when we said this was not wholesome”.

    Fuck all of you that call this bullshit legal.

    “crown claimed another reason for Justice Johnson to maintain the status quo was to protect the financial investments made by companies”

    “crown claimed another reason for Justice Johnson to maintain the status quo was to protect the financial investments made by companies”

    “crown claimed another reason for Justice Johnson to maintain the status quo was to protect the financial investments made by companies”

  4. Anonymous on

    I take a pill called casemet (the pharmacist pronounces it sess-a-met). I take 4 – 2mg pills when my back is really acting up. I guess that works out to about 16-20 pills a week. My doctor won’t sign my paperwork so I can get my card but he’ll write me a prescription for the pharma version. The pill does only one thing, which is act as an anti-inflammatory and doesn’t give me the muscle relaxant that is key for relaxation like my vaporizer does. I have used the real deal for so long that I usually don’t get much of a buzz anymore but it sure helps with my back pain. I had an industrial accident 30 years ago that has degenerated to a spinal condition.