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Banning authorized medical cannabis derivatives was arbitrary and unconstitutional under section 7.
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.
