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Owen Smith was charged with trafficking for baking pot cookies and producing topical cannabis creams for a medical marijuana club in Victoria in 2009. The B.C. Court of Appeal ruled Thursday that a section of Canada's medical marijuana law covering marijuana derivatives is unconstitutional. (Ed Andrieski/Associated Press)

The head baker for a medical marijuana dispensary in Victoria, B.C., has been found not guilty of possession and trafficking.

Owen Smith was charged in 2009 and admitted to making marijuana cookies and pot-based creams for medical marijuana users.

However, an earlier court ruling found the law governing baked marijuana, which limited medical marijuana users to smoking pot only, is unconstitutional.

At a hearing on Thursday, the Crown decided against presenting any evidence against Smith, so the B.C. Supreme Court judge declared him not guilty.

Ted Smith, the former head of the Cannabis Buyers' Club of Canada, says the Crown can’t retry Owen Smith.

But he does expect the Crown to appeal the constitutional ruling.

"Owen is free and clear of all criminal charges," he said.

"They're not going to be able to go back and have a new trial and now we work our way up to the higher courts, hopefully to the Supreme Court of Canada."

Smith says he'd welcome a Supreme Court challenge.

"The higher it goes, to hopefully the Supreme Court of Canada, then the stronger the decision will be and then the court can make it binding on Health Canada and the entire country," he said.

The Crown has 30 days to decide whether it will appeal the constitutional ruling.