For those of you old enough to remember the 1994 McCain punch television commercial featuring Toronto Blue Jays hall of famer Roberto Alomar and his “catch the taste” slogan, it was repeated non-stop by my friends and I for what seems like forever now, over and over, and over and over! To this day, I haven’t forgotten it. Increasingly, cannabis consumers are demanding to “catch the taste” as edibles and consumable cannabis products are on the rise. For Canadians that enjoy their waffles, muffins, fancy jams, juices, teas, coffee, chocolates and croissants waking up for Sunday brunch, things may certainly be changing.
Although cannabis (or hemp) infused brands may take a bit of time to come available for purchase in Canada, on June 11, 2015, the Supreme Court of Canada unanimously ruled to legalize marijuana oils by licensed producers, which is needed by registered patients to make certain types of edible products.
This landmark decision makes medical marijuana consumption legal in all forms, including marijuana-infused cookies, brownies, muffins, oils, teas, coffees and juices. But paradoxically, this does not include the sale of these edible type items in product form.
The court found that having access restricted to only dried marijuana violated the right to liberty and security “in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice” (CBC News, Trinh Theresa Do – “Medical marijuana legal in all forms, Supreme Court rules” www.cbc.ca/news)
On July 8, 2015, Health Canada released this Statement on Supreme Court Decision in R. v. Smith:
As a result of the Supreme Court of Canada decision, individuals authorized to possess marijuana under the MMPR and those falling under the terms of a court injunction (for example, Allard injunction) may now possess marijuana derivatives for their own use. In order to eliminate uncertainty around a legal source of supply of marijuana, Health Canada has taken the immediate step of issuing a section 56 exemption under the Controlled Drugs and Substances Act (CDSA), allowing licensed producers to produce and sell cannabis oil and fresh marijuana buds and leaves in addition to dried marijuana (plant material that can be used to propagate marijuana will not be permitted to be sold by licensed producers to clients). The role of healthcare practitioners in authorizing marijuana for medical purposes does not change.
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