Courtney Williams gives her daughter Kyla a tiny drop of cannabis oil mixed with yogurt at in Summerland, B.C., in early August, 2014. Kyla who has a severe seizure disorder has shown dramatic improvement thanks to the illegal oil.Susan McIver/The Canadian Press
The B.C. Appeal Court has ruled the federal government's restriction on allowing only dried marijuana to be used under its medical access regulations is unconstitutional.
Owen Smith, who challenged the law, argued some patients want to consume their marijuana medicine in butters, brownies, cookies and teas.
Smith claimed the right to administer the drug in other forms is fundamental, but that was denied by federal government regulations.
In a two-to-one decision, the court ruled the law does infringe on the charter rights of those who require other forms of cannabis to treat illnesses.
The Appeal Court ruled the effect of its judgement will be suspended for a year in order to allow Parliament time to amend the regulations to make sure it is constitutional.
The Crown appealed the decision from B.C. Supreme Court where the judge there ordered the word "dried," and the definition of "dried marijuana" to be deleted from the regulations.