B.C. Court Says Restrictions On Medical Marijuana Are Unconstitutional

B.C.’s highest court has ruled there is a constitutional right to tasty pot cookies and other marijuana products such as infused oils, balms and lotions.

In a 2-1 judgment, the provincial Court of Appeal said the country’s medical marijuana legislation is unconstitutional because it restricts patients to possessing only the dried plant and to consuming it via smoking.

The top bench suspended its ruling to give Ottawa a year to amend the law to allow patients access to edibles and derivatives — such as creams, salves, brownies, cakes, cookies and chocolate bars.

“In my opinion, decisions concerning how one manages serious health problems go to the core of what it means to live with dignity, independence and autonomy as contemplated in (Supreme Court of Canada) cases like Morgentaler, Parker, and Adams,” wrote Judge Nicole Garson, supported by colleague Risa Levine.

“Where the state interferes with an individual’s capacity to make decisions concerning the management of those health problems by threat of criminal sanction, the state is depriving that individual of the power to make fundamental personal choices and the liberty interest is engaged.”

– Read the entire article at Vancouver Sun.