Author Archive

Successful Cross-Appeal to Allow Medical Cannabis Patients Across Canada to Continue Their Home Gardens

Federal Court of Appeal dismisses government appeal in the national test case Allard et al v. Her Majesty the Queen. Medical cannabis patients across Canada are permitted to continue their home gardens. We were also successful in our cross-appeal and the Court has sent the case back down to the trial level for possible broadening...

Medical-Marijuana License Holders and Cannabis Extracts

In [April] 2012, we won a trial court decision allowing medical cannabis patients in British Columbia to possess concentrates…this ruling was appealed and the case is scheduled to enter the Supreme Court of Canada on March 20. But for the time being, medical-marijuana license holders are permitted to possess cannabis extracts.

National Test Case Commences

Restriction to dried marihuana only on the way to Supreme Court of Canada. In February 25, 2015, the Allard et al v. Her Majesty the Queen trial began in Federal Court. The case challenges the government’s decision to re-criminalize medical cannabis production. Plaintiffs argue that criminally prohibiting their production violates the rights granted by section...

An Interview with Kirk Tousaw on the Allard et al vs Her Majesty the Queen National Test Case [video]

Jason Wilcox of Cannabis in Canada interviews Kirk Tousaw “right from the courtroom to the people…about the Allard et al vs Her Majesty the Queen trial as it makes its way through its first week. Atty. Tousaw, who has been working intimately and tirelessly with John Conroy, QC, on this case, spoke of expert testimony on...

Tousaw Law Corporation Arguing in Supreme Court of Canada

On Friday, March 20, the Supreme Court of Canada will hear the first case ever involving medical cannabis (marihuana). Owen Smith, a producer of cannabis-based medicine for a Victoria, BC based compassion club known as the Cannabis Buyers Club of Canada (CBC of C), was criminally charged with possessing THC for the purpose of trafficking...

Full Text of Kirk Tousaw’s Speech at City Hall’s Public Hearing on the Regulation of Medical Cannabis Dispensaries in Vancouver

Good evening. Thank you for the opportunity to speak. My name is Kirk Tousaw of the Tousaw Law Corporation and I practice law almost exclusively in the area of cannabis and medicinal cannabis access and the Charter of Rights and Freedoms. I represent several dispensaries in Vancouver and across Canada. My Vancouver clients have been...

Breaking News: Supreme Court Decision on R vs Smith

We are thrilled to announce that the Supreme Court decision in R v Smith was a unanimous victory for the rights of medical cannabis patients in Canada. The decision can be read here: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15403/index.do Supreme Court of Canada upholds acquittal of B.C. man who baked marijuana cookies for compassion http://t.co/Ib5yAK9otP via @georgiastraight — NORMLWomenCanada (@NORML_CWA)...

Kirk Tousaw on the panel, “Legal and Ethics: Guidelines and Practical Tools for Therapists,” at the 2nd Annual Psychedelic Psychotherapy Forum

“After nearly forty years of prohibition, a new wave of research has emerged in the past decade exploring the efficacy of psychedelic substances (LSD, Ibogaine, Ayahuasca, MDMA, Psilocybin, and Cannabis) in the treatment of addictions, trauma, PTSD, end of life anxiety, and depression. This groundbreaking forum provides opportunities to  engage with researchers, academics, and therapists from a variety...

Kirk Tousaw to discuss Government Policy and Public Activism at the Cannabis Conference 2015 (Vancouver)

Never before has there been such a wealth of information and research on the practical, therapeutic and medicinal uses of Cannabis, as well as a growing understanding and acceptance of Cannabis on the part of the general public. However with over 80 Cannabis dispensaries in Vancouver alone, increasing concerns about formal regulation from federal Health...

BC Court of Appeal victory in Garber et al v AG Canada

Today (Sep 16), the BC Court of Appeal rejected the Crown application for a stay in this case. The Garber et al v AG Canada case seeks an injunction preventing removal of our clients’ rights to personal production of cannabis, possession of a full 30-day supply and the ability to move one client’s storage site....

Garber et al. v. Canada: Victory for BC Medical Cannabis Patient’s Rights

Today, October 2, 2015, the BC Supreme Court issued an injunction, covering 4 medical cannabis patients, that permits them to continue to produce under the terms of their MMAR licensing, and does not contain the 150g possession limit set out in the MMPR.

Opinion on Health Canada’s ACMPR Announcement

Today Health Canada announced that the new ACMPR would replace the MMPR on August 24, 2016. This represents the government’s response to the decision of the Federal Court in Allard. The new regulations are, in essence, a blend of the MMAR and MMPR. The Licensed Producers remain the sole commercial option and have become the...