What does the Supreme Court of Canada’s decision in R v. Smith mean for patients, MMAR producers and MMPR licensed producers?

Earlier this morning, we published a concise summary of the SCC’s decision in R. v. Smith released today. See here. While the Court’s decision is clear, what is less clear is what it means for those patients authorized to possess and use marijuana for medical purposes under Canada’s MMAR and MMPR, for “Designated-Person” producers under Canada’s MMAR and for “Licensed Producers” under Canada’s MMPR.

For patients authorized to possess and use medical marijuana under the MMAR or the MMPR, the significance of the R. v. Smith ruling is clear: persons legally authorized to possess marijuana may legally create, possess and consume non-dried forms of medical marijuana.

For “Designated-Person” producers under Canada’s MMAR and “Licensed Producers” under Canada’s MMPR, the decision should not be interpreted as authorizing them to process and sell marijuana in forms other than dried. The Supreme Court did not rule on this issue. In fact, in R. v. Smith the constitutionality of the criminal charges against Mr. Smith was not challenged. Rather, at the trial level the Crown chose not to adduce any evidence and, as a result, Mr. Smith was acquitted.

If you have any questions or would like more information regarding applying to be a licensed producer under the MMPR, Canada’s Marijuana for Medical Purposes Regulations, call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.

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