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VICTORIA — A B.C. Supreme Court justice in Victoria has struck down a section of Health Canada’s medical marijuana laws.

Justice Robert Johnston concluded Friday that the restriction to dried marijuana in the Marijuana Medical Access Regulations is unconstitutional as it breaches Section 7 of the Charter of Rights. If the decision stands, it means medical-marijuana users will be able to possess cannabis in any form.

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“The remedy for this breach is to remove the word ‘dried’ where it appears in the medical marijuana access regulations and I so order,” said Johnston.

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Owen Smith, the Victoria man who was the head baker for the Cannabis Buyers’ Club of Canada, will still have to stand trial on charges of possession for the purpose of trafficking and unlawful possession of marijuana.

Smith is to appear in court April 25 to fix a date for jury selection and trial.

His lawyer Kirk Tousaw called the ruling a partial victory.