Org files judicial review of Health Canada decision on edible extracts – Cannabis | weed | marijuana

Organigram has initiated a judicial review of Health Canada’s decision on edible extracts. On March 31, 2023, the licensed producer filed a motion for judicial review in the Federal Court of Canada.

A spokesman for Organigram told CLN, “We remain of the opinion that the patent-pending products are properly classified as cannabis extracts and comply with cannabis regulations.”

Judicial review of organizational chart files

Earlier this year, Health Canada surprised Canada’s fledgling cannabis industry by announcing that certain products were dangerous.

Although “dangerous” wasn’t a word they used, we have to deduce it from their alleged commitment to public health and safety.

Assume that Organigram’s Edison Jolts are in fact “edible cannabis products incorrectly classified and marketed as cannabis extract products,” according to Health Canada CLN. In this case, there is a clear and present danger for Canadian cannabis users.

Except there isn’t.

Whether something is a “chewable extract” or an “edible” is irrelevant. Consumers bought Edison Jolts based on THC content, price, and availability. The only “risks to public health and safety” are the fantasies conjured up by federal bureaucrats.

Organigram told CLN that they released Edison Jolts after “significant research, development and regulatory work.”

While the LP was unable to provide additional details, there must be enough to warrant a judicial review in federal court, which is now underway.

What is a judicial review?

Some bureaucrats, like those in Canada’s Yukon, believe they are above the law. That trained lawyers should pass on their specialist knowledge to state midwives.

But the centuries-old legal tradition seems to differ.

The application notice submitted by Organigram establishes the legal challenge. It likely details Health Canada’s alleged errors and calls for the federal court to review the decision and reconsider the regulation.

Judicial review is an authority of the federal court to review (and, as the case may be, disregard) the various rules and regulations of regulators, courts, and government agencies.

The idea behind a judicial review is to ensure that these authorities are acting within their powers, procedural fairness and the rule of law.

And indeed, if the Federal Court’s Judicial Review agrees with Organigram, it wouldn’t be the first time Health Canada has overstepped its legal boundaries.

For example, Health Canada has approved hazardous pesticides for use in food production. An advocacy group challenged them, and the federal court agreed. Health Canada needs to reconsider its decision.

Or consider a drug for a rare genetic disorder. Health Canada said it was good to go. The Federal Court of Justice said you better check it again.

Federal court documents are public (unless there is a confidentiality order). Because of this, Canadians have been able to see the Trudeau administration basing its Covid travel restrictions on politics rather than science.

While monopolistic courts of final decision-making are not immune to criticism, they maintain a strong balance against the petty tyranny of Western bureaucrats and politicians. Organigram, which has to file a judicial review of cannabis products that people buy voluntarily, is a perfect example.

Do we need Health Canada?

Organigram is filing a motion for judicial review of Health Canada’s edible extract decision.

This begs the question: do we even need Health Canada?

The famous Chinese philosopher Lao Tse once said: “The more law and order is emphasized, the more thieves and robbers there will be.”

And that’s certainly true of cannabis, where the people who once caged you for it are now benefiting and helping to write the rules.

But the cannabis industry — or any other industry — doesn’t need these big, sprawling bureaucracies. We already have laws on the books regulating goods and services.

Tort and criminal law provide security, while contract, property and commercial law facilitate cooperation and exchange. Politicians don’t have to get involved.

We need rules and regulations to be able to live together peacefully. But with the freedom to fail, to succeed, to take risks and seize opportunities.

The western legal tradition of common law promotes rules and regulations that minimally violate civil and economic liberties.

The rules and regulations created and imposed by the centralized state allow certain individuals to exercise political power over others. It masks Health Canada’s exploitative actions under the guise of “public health and safety”.

But as Organigram finds out, Health Canada’s definition of words changes based on how they feel.

A better system would put accreditation and regulatory bodies in a free market where a third party guarantees your cannabis. And where the reputation of this third party depends on the recognition of quality.

Health Canada approved a hazardous pesticide for use on food crops. The decision required the intervention of a federal judge. Given this story, if Health Canada were a private accreditation company, would you trust them to regulate cannabis?

If there’s a lesson in org chart filing for a court review, it’s this.