There are a lot of questions
surrounding the Liberals new Cannabis legislation Bill C-45.
The proposed new law on
Cannabis in Canada, is a start to fulfill an election promise, but many details
are undetermined.
We don’t know how the
government plans to tax marijuana. The
finance minister will provide details on a tax scheme sometime in the
future. Right now, Cannabis purchased
for medical use is subject to federal tax.
There are no details on
packaging and style of presentation for sale.
When will edibles will become legal?
The Provinces will determine the age for legal purchase, how much may be
carried, and how and where it will be for sale.
There’s not much definition on
edibles, or foods that contain Cannabis.
Apparently, fresh or dried Cannabis will be available right away, as
well as oils that can be used for cooking.
Pre-packaged edibles will be
for sale sometime in the future.
Who gets to sell, how and
where? Will one
be able to buy Cannabis and Alcohol at the same location? Other than prohibiting vending machines, the
Bill leaves those options to local government.
Legislation prohibits
advertising, and enticing packaging and labels.
Plain packaging for tobacco is being debated in the Senate, and Health
Minister Jane Philpott said this may influence what happens with Cannabis.
New drug enforcement law would
give police power to test drivers. The law
proposes, that police who suspect a driver has consumed drugs, can compel a
saliva and blood sample.
Obviously, more research is
needed to help define an acceptable limit for THC in the body. Cannabis does impair driving ability,
machinery operation, and other forms of critical decision making.
An unwise promise was made in
the last election, and now the social-legal difficulties to form reasonable
workable legislation are evident. Many rather
recommended de-criminalization, as a more socially responsible course. In any event, it now looks like there will
be a patchwork of legal reality and social consequences across Canada.
The international implications
are completely unknown. Additionally,
the deepening of the drug culture in Canada will surly bring its own
consequences.
*******************
HOUSE
OF COMMONS OF CANADA
BILL
C-45
An Act respecting cannabis and
to amend the Controlled Drugs and Substances Act, the Criminal Code and other
Acts
FIRST READING, April 13, 2017
Short title: This
Act may be cited as the Cannabis Act.
SUMMARY
This enactment enacts the
Cannabis Act to provide legal access to cannabis and to control and regulate
its production, distribution and sale.
The objectives of the Act are
to prevent young persons from accessing cannabis, to protect public health and
public safety by establishing strict product safety and product quality
requirements and to deter criminal activity by imposing serious criminal
penalties for those operating outside the legal framework. The Act is also
intended to reduce the burden on the criminal justice system in relation to
cannabis.
The
Act
(a) establishes criminal
prohibitions such as the unlawful sale or distribution of cannabis, including
its sale or distribution to young persons, and the unlawful possession,
production, importation and exportation of cannabis;
(b) enables the Minister to authorize
the possession, production, distribution, sale, importation and exportation of
cannabis, as well as to suspend, amend or revoke those authorizations when
warranted;
(c) authorizes persons to
possess, sell or distribute cannabis if they are authorized to sell cannabis
under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion,
packaging and labelling of cannabis that could be appealing to young persons or
encourage its consumption, while allowing consumers to have access to
information with which they can make informed decisions about the consumption
of cannabis;
(e) provides for inspection
powers, the authority to impose administrative monetary penalties and the
ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to
deal with seized cannabis and other property;
(g) authorizes the Minister to
make orders in relation to matters such as product recalls, the provision of
information, the conduct of tests or studies, and the taking of measures to
prevent non-compliance with the Act;
(h) permits the establishment
of a cannabis tracking system for the purposes of the enforcement and
administration of the Act;
(i) authorizes the Minister to
fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in
Council to make regulations respecting such matters as quality, testing,
composition, packaging and labelling of cannabis, security clearances and the
collection and disclosure of information in respect of cannabis as well as to
make regulations exempting certain persons or classes of cannabis from the
application of the Act.
This enactment also amends the
Controlled Drugs and Substances Act to, among other things, increase the
maximum penalties for certain offences and to authorize the Minister to engage
persons having technical or specialized knowledge to provide advice. It repeals
item 1 of Schedule II and makes consequential amendments to that Act as the
result of that repeal.
In addition, it repeals Part
XII.1 of the Criminal Code, which deals with instruments and literature for
illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’
Health Act to prohibit the smoking and vaping of cannabis in federally
regulated places and conveyances.
Finally, it makes
consequential amendments to other Acts.
Purpose
The purpose of this Act is to
protect public health and public safety and, in particular, to
(a) protect the health of
young persons by restricting their access to cannabis;
(b) protect young persons and
others from inducements to use cannabis;
(c) provide for the licit
production of cannabis to reduce illicit activities in relation to cannabis;
(d) deter illicit activities
in relation to cannabis through appropriate sanctions and enforcement measures;
(e) reduce the burden on the
criminal justice system in relation to cannabis;
(f) provide access to a
quality-controlled supply of cannabis; and
(g) enhance public awareness
of the health risks associated with cannabis use.
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