Are Edibles and Concentrates Legal in Canada?
Formal regulations on edibles for the recreational market in Canada are not expected to be in place until 2019, but until then, if you’re intentions are for medical use, then you have a legal right to access and use edibles.
In June 2015, in the case of R. v. Smith, a judgement from the Supreme Court of Canada established that to criminalize how a patient used his or her medicine infringed a person rights and liberties guaranteed in the Charter of Rights and Freedoms. It was decided that restricting patients to dried marijuana only violated their dignity and their autonomy to make medical decisions about their own health and well being and breached the right to life liberty and security of the person.
The court of appeal interpreted within the charter that restricting the choice of the mode of ingestion of a approved medicine goes fundamentally to what it means to have dignity and independence and autonomy in our society. It was deemed the present laws regulating medical marijuana were constitutionally flawed because they restricted a patient’s’ therapeutic use of cannabis and it was acknowledged that inhaling marijuana can potentially present health risks and can also be less effective treatment for some conditions than using a cannabis derivative.
Arguments were also heard about edible oils and products that were directly responsible for saving some people’s lives, and assisting many people in regaining quality of life or treating serious symptoms or conditions.
That ruling was groundbreaking and it’s wonderful that patients with access to Marijuana used for medical purposes have a legal choice to use what they experience as the most effective mode of using the medication.
After the ruling from the perspective of a designated producer, the court gave the government a year to legislate but at the end of that year government hadn’t done anything, so at that point designated producers in became able to produce all scheduled two substances for their patients including bubble hash, edibles topicals, and other forms.
Presently there is still no detailed legislation around edibles, even with the 2018 recreational legalization approaching, and for now you can still legally possess edibles as long as it is deemed for medical purposes.
Please note, that we have referenced text sourced from multiple publications containing statements made by Kirk Tousaw, Own Smith, Ted Smith and other individuals.