The Court dismissed the Crown's appeal and held that restricting lawful medical marihuana possession to dried form unjustifiably violates section 7 of the Charter.
The prohibition was arbitrary because it undermined health and safety by forcing some patients toward riskier or less effective treatment methods.
The remedy declared sections 4 and 5 of the Controlled Drugs and Substances Act to be of no force and effect only to the extent they prohibit authorized persons from possessing cannabis derivatives for medical purposes, without suspension.
