Medical Marihuana no Longer Limited to Dry Marihuana

In June 2015 the Supreme Court of Canada ruled that medical marihuana license holders may now possess all forms of marihuana, striking down the restriction to dried marihuana. R. v. SMITH 2015 :

"The prohibition on possession of non‑dried forms of medical marihuana limits the s. 7 Charter  right to liberty of the person in two ways. First, the prohibition deprives S as well as medical marihuana users of their liberty by imposing a threat of imprisonment on conviction under s. 4(1)  or 5(2)  of the CDSA . Second, it limits the liberty of medical users by foreclosing reasonable medical choices through the threat of criminal prosecution. Similarly, by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective one, the law also infringes security of the person."







Copyright 2017 Tessmer Law. All rights reserved. Website Design by Kelowna Web Design Agency Csek Creative.