• Healthier People

About Canadian Laws & Healthier People

Selling legally under the rights guaranteed to all Canadians under Section 7 of the Charter and the successful Supreme Court decision of R. v. Smith, 2015 SCC 34, [2015] 2 S.C.R. 602. 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 s. 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.

These limits are contrary to the principles of fundamental justice because they are arbitrary; the effects of the prohibition contradict the objective of protecting health and safety. The evidence amply supports the trial judge’s conclusions that inhaling marihuana can present health risks and that it is less effective for some conditions than administration of cannabis derivatives. In other words, there is no connection between the prohibition on non-dried forms of medical marihuana and the health and safety of the patients who qualify for legal access to medical marihuana.


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