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Medical Marijuana Policy

Supreme Court Of Canada – All Forms Of Medical Marijuana Are Legal

bho shatter dabs concentratesA big misconception out there among non-cannabis consumers is that the only way that cannabis can be ingested is in smoke form from smoking flower out of a bong or pipe or joint. That couldn’t be farther from the truth. Cannabis can be turned into all kinds of things these days, from an endless variety of edibles, to concentrates that can be used in pens, to tinctures and beyond. Different patients have different ailments, and different methods of ingestion are better for some ailments more than others. That’s why the Canadian medical marijuana ban on anything that wasn’t dried flower seemed so illogical. But fortunately, that ban was shot down late last week by the Supreme Court of Canada. Per CBC:

Medical marijuana patients will now be able to consume marijuana — and not just smoke it — as well as use other extracts and derivatives, the Supreme Court of Canada ruled today.

The unanimous ruling against the federal government expands the definition of medical marijuana beyond the ”dried” form.

The country’s highest court found the current restriction to dried marijuana violates the right to liberty and security “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”

Restricting medical access to marijuana to a dried form has now been declared “null and void” — Sections 4 and 5 of the Controlled Drug and Substances Act, which prohibits possession and trafficking of non-dried forms of cannabis, will no longer be in effect.

I wish the United States Supreme Court was as sensible as Canada’s. The United States would have somehow found a way to rule that all forms of medical marijuana are illegal, and who knows what else. This is a very big win for the patients of Canada. I would imagine this is going to create a lot of new businesses geared towards non-dried flower forms of medical marijuana, especially concentrates and medibles, and will help countless people in the process.

  • newageblues

    “current restriction to dried [medical] marijuana violates the right to liberty and security “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”

    The court only applied this to medical marijuana, but the exact same logic applies to recreational. Since it is indisputably far safer than alcohol which is already legal, recreational cannabis is also banned “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”

    • Valient

      You don’t even have to compare it to alcohol for it to reach that definition, though. The requirements for it to be scheduled don’t even apply to it. How is that even possible? Our government figured this out in 1972 with their own commissioned report that recommended it not be scheduled then.

      Schedule I substances are those that have the following findings:

      -The drug or other substance has a high potential for abuse.

      Cannabis has 9% “dependence” rate, the same as caffeine, less than tobacco and alcohol. Cannabis is being found useful to combat opiate abuse

      -The drug or other substance has no currently accepted medical use in treatment in the United States.

      Half the country has medical, the government has patents on medical, the NIDA admitted medical value recently, we’ve known that it has medical value since the 70s from a govt study. We used it for medical well before we made it illegal.

      -There is a lack of accepted safety for use of the drug or other substance under medical supervision

      0 deaths in history, 21,000 studies worldwide, 5000+ years of human history. Really?

      The fact that it’s scheduled while not fitting the criteria for being scheduled alone makes it fit “…the current restriction to dried marijuana violates the right to liberty and security “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.”

      The further fact that tobacco and alcohol both fit all three criteria to be at least schedule 2 (they can be used relatively safely) makes it even more absurd.

  • Sinclair

    That is so wrong a person should be protected because legal is legal and if it’s ok to consume alcohol then it should be ok to consume Marijuana