Neil Magnuson arrested but is it right?

Police arrested Neil Magnuson in downtown Eastside Vancouver last Tuesday. The longtime cannabis activist sold high-potency edibles from his RV to low-income, opioid-addicted residents.

Vancouver police searched his supplies and confiscated his RV.

Magnuson told CityNews: “I shudder to think of what would happen to many of our members. You go back to the stockpile of poison drugs. Many of them will die.”

Not the first time the police have arrested Neil Magnuson

It’s not the first time police have arrested Neil Magnuson and his crew. The Cannabis Substitution Project, which provides opioid addicts with safe, highly effective, and inexpensive edibles, was raided in late 2020.

Raiding cannabis suppliers has not been a top priority for Vancouver police in over a decade. But as part of Trudeau’s legalization, the police have more significant resources to crack down on anything that isn’t part of the LP system.

“Until they drag us away in chains and lock us in cages, we cannot stop helping these people. We’ve known her for years. We take care of them. And we’re not going to turn your back on them because the government says you have to do it legally or not at all,” said Neil Magnuson.

He has requested an exemption from Health Canada but has not heard a response.

Science supports Magnuson

Neil Magnuson of the Cannabis Substitution Project.

Magnuson’s arrest is hypocritical to say the least. It’s cheaper to buy meth than legal cannabis in Downtown Eastside Vancouver. Even the city of Vancouver acknowledged that prioritizing “easy access” to cannabis as a harm reduction tool is beneficial.

But while city officials pat themselves on the back for proposing (meaning, signaling a virtue), Magnuson and his crew have put action into action.

And science supports Magnuson. A study by the BC Center on Substance Use and the University of British Columbia shows that 24 percent of hard drug addicts stop using once they have access to cannabis.

Study co-author MJ Milloy said, “Cannabis can help us save lives, particularly among people bearing the burden of the overdose crisis.”

Another study suggests that cannabis is beneficial for young people living on the streets who are struggling with mental health issues and trauma.

THC Cap on Edibles – Illegal?

Neil Magnuson’s arrest for helping the less fortunate comes at a time when government regulations may be illegal.

On March 24, 2017, police charged Shaun Howell with possession of cannabis for the purpose of trafficking. Howell argued that the charges violated his rights under Section 7 of the Charter of Rights and Freedoms.

The judge disagreed with Howell’s plea on the human trafficking charges. However, Judge Robert A. Graesser ruled that the THC limits in the Cannabis Act violated a medical patient’s right to reasonable access.

According to cannabis law, THC oil cannot exceed 30mg per milliliter and capsules cannot exceed 10mg. That’s far too low a dose for an addict trying to stay away from harder drugs. In addition, the cost is prohibitive. For legal edibles, the ratio is approximately $1 for 1 mg. So if you buy 20 cans of a THC drink in hopes of keeping crack or meth off, it’ll cost you $200.

And that’s just one day.

Considering that most of Magnuson’s patrons were poor, living from a disability, or even living on the streets, the cannabis law doesn’t make sense.

Will Neil Magnuson’s arrest go to the Supreme Court?

Fighting the government in court is never easy. The government has an endless barrel of cash (courtesy of the taxpayer) to pay for such cases. Meanwhile, plaintiffs are limited by what they can voluntarily collect from individuals.

However, there are solid arguments that the cannabis substitution project provides adequate access for the most vulnerable people in our society.

And that the Cannabis Act, which brings medical and recreational users under one regulatory umbrella, is unconstitutional.

Judge Graesser’s ruling does not change the current THC limits in the Cannabis Act. But it provides a strong basis for The Cannabis Substitution Project to take this to the Supreme Court.