A federal appeals court is rejecting a provincial ban on paying medical marijuana-related medical benefits to those with diabetes.
The court, in a 6-3 decision, said the province had the right to regulate and tax the sale of medical marijuana to people with a diagnosed or proven condition.
“We are disappointed with the provincial government’s decision,” said Chris Parsons, a lawyer for the province.
“We will take the matter to appeal to the Supreme Court of Canada.”
The appeal, which was filed in the federal court in Ottawa on behalf of the province of Alberta, was filed Wednesday and heard by the court’s three-member panel.
The province has been fighting to get approval to impose a tax on the sale and distribution of medical cannabis in the province, which will require provincial approval and a court challenge.
The Alberta government’s plan to tax the cannabis will be heard by a judge in the fall.
The federal government has not said if it will take a position on whether the tax will be allowed.