Case # 36059
Her Majesty the Queen v. Owen Edward Smith (March 20, 2015)
At issue is the constitutionality of limiting medical marijuana users to taking the drug in dried plant form only. The respondent was charged with possession for the purpose of trafficking and possession of dried marijuana. At trial the respondent successfully challenged the constitutionality of the marijuana medical access regulations. The medical marijuana access regulations limit the form of the drug to dried plant material. The trial judge found that the regulatory scheme breached Section 7 of the Charter. The respondent was ultimately acquitted on both counts. One judge dissented, arguing that arguing that Smith had no standing to bring a constitutional appeal. The dissenting judge argued that the medical marijuana access regulations did not violate the Charter.