01/18/2013 04:57 EST | Updated 03/20/2013 05:12 EDT

St. Albert Case Against Chad Smoke Shop To Head To Higher Court

FILE - In an April 20, 2005 file photo, a University of Colorado freshman, who did not want to be identified, joins a crowd smoking marijuana during a

ST. ALBERT, Alta. - An Alberta community is taking its case against head shops to a higher court.

At issue is a City of St. Albert bylaw passed last April that bans businesses from selling bongs, vaporizers, pipes or products that display pictures of marijuana plants.

The bylaw was successfully challenged in Edmonton Court of Queen's Bench last month by a business called the Chad Smoke Shop.

In striking down the bylaw, Justice Terry Clackson wrote that the city doesn't have the legal power to pass or enforce what amounts to a criminal law.

The city says it will challenge that ruling Jan. 21 in the Alberta Court of Appeal.

A St. Albert official says under the Constitution, the power to regulate businesses is a provincial power that has been delegated to municipalities.

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