VCBC launches constitutional complaint against BC government – Cannabis | weed | marijuana
The Victoria Cannabis Buyers Club (VCBC) plans to file a constitutional lawsuit against the BC government. They are also asking for a restraining order.
The nearly 30-year-old Compassion Club started out in a van in the 1990s. In 2001 they moved downtown. The police searched her four times. In each raid, VCBC beat the criminal charges in court.
Recently, VCBC fell victim to the BC government’s Community Safety Unit, which fined the club nearly $6.5 million. The VCBC also says the BC government has harassed their landlord, BlueBird Storage, who has welcomed them for 21 years.
California, Nevada, New Jersey, Michigan, Illinois or Colorado would likely welcome VCBC since those states allow cannabis clubs and consumption lounges.
In the meantime, Germany is planning legalization based on the VCBC model.
But not in Canada. Legalization is a big government program that continues to cost taxpayers while lining the pockets of those who benefited from Prohibition.
And they continue to benefit because for many Canadians, cannabis prohibition is still alive and well. Just ask the VCBC.
VCBC launches constitutional challenge against BC
The VCBC plans to pursue the constitutional challenge and file an injunction against the province. It will be in response to CSU raids, $6.5 million in fines and harassment of their landlords.
But the constitutional challenge stems from the failure of Canada’s medicinal cannabis program. Since legalization, the Trudeau administration has merged the two programs.
And you can see why. All cannabis is medicinal, even if you think you’re using it “recreationally.”
For example, you like to eat a lot of fruit. Whether you consider these fruit-eating habits nutritious or healthy doesn’t matter to your biological system.
Likewise, you may know someone who says their binge drinking is therapeutic and even medical. That may be true mentally, but her liver disagrees.
With that in mind, you could argue that Canada does not need a separate medical cannabis program, save for a provision to allow patients to be reimbursed for their medical cannabis costs by insurance.
However, due to the botched legalization system in Canada, Canadians require a separate medical program. The government limits legal edibles to 10mg of THC. This dose is far too low for a medicinal cannabis patient and violates their constitutional right to reasonable access.
Details of the constitutional complaint
This 10 mg THC cap and lack of medicinal deals are the basis of the VCBC’s constitutional challenge to the province.
“We’ve been preparing for this challenge for years,” said Ted Smith.
“We look forward to taking our case to a court of competent jurisdiction to resolve these issues that not only affect our patients, but affect medicinal cannabis users across Canada,” he continued. “Our great attorneys have prepared solid constitutional arguments that should both protect our organization and compel Health Canada to make important changes to their program.”
Some may argue that a constitutional challenge is a bit much. Couldn’t VCBC sit down with the province and discuss these fines?
Of course they have, and they were. Until the BC government changed cannabis regulations last fall. In addition to expanding the powers of the CSU, VCBC was deprived of the ability to argue constitutional issues regarding the fines.
They made these regulatory changes after the VCBC’s proceedings began. In other words, the BC government moved legal targets to ignore whether its policies undermine people’s constitutional rights.
“That is why we will also accuse the government of abusing and undermining power,” Smith said.
What about exception #56?
While the VCBC plans to pursue a constitutional lawsuit against the province, many may be wondering about its application for Exemption #56.
VCBC and its patients are awaiting Health Canada’s decision.
Exception #56 is an exception under the Controlled Drugs and Substances Act that allows individuals or groups to possess or distribute controlled substances for research purposes or special needs.
Each Exemption #56 is unique. And Health Canada has been notoriously slow in processing those applications.
Some say this is another example of how “Canada is broken”. While Germany legalizes cannabis based on the non-profit social club model exemplified by the VCBC, Canada only wants corporate cannabis.
While Canadians can easily be killed by the government to end their suffering (in fact, it’s encouraged), gaining access to life-saving drugs like psilocybin has been all but impossible.
Health Canada could do VCBC, medical cannabis patients, and all Canadians a huge favor by issuing Exemption #56 to everyone, whether they ask for it or not.
As BC’s unelected Prime Minister continues his war on BC Bud and medicinal cannabis, Smith points out that VCBC has “very strong support from the city and from virtually every drug policy expert in BC.”
And while Canada’s law firms fall victim to the ideologies of the far left, the courts have done justice to medical cannabis patients in the past.
Whether it’s Parker, Mernagh, Smith, or Allard, political remarks, biased statistics, and emotional appeals to “public health” or “the children” are not enough when it comes to a constitutional challenge.
The BC government will have to come up with a good defense. Luckily they can hire the best lawyers through our taxes. VCBC, on the other hand, relies on voluntary donations. That means consent.
VCBC launches constitutional challenge against BC
Will VCBC’s constitutional challenge to BC finally force cannabis reform in this country?
The Allard victory secured the rights for patients to grow their own. When busybodies debated whether recreational home growing should be legalized, Allard was referred to.
And you can see why.
Suppose the government has banned home growing for recreational users. In that case, they would only have given Canadians an incentive to get their medical license. This is polluting the waters of people who really need medicinal cannabis for their quality of life.
If the VCBC succeeds in challenging the 10 mg limit on edible foods, either the recreational laws will have to be changed or a bunch of Canadians will swamp Health Canada for medicinal cannabis uses.
But since major corporate producers are also opposed to the 10 mg THC cap, they may be able to throw their money in and help fund this case.
They stood up for Allard. Now it’s time to catch up.
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