Tag: Canada

Canada was the first G-7 nation to pass a nationwide adult-use cannabis legalization measure, which occurred just over four years ago. To-date Canada still serves as the only national adult-use cannabis market where anyone of legal age can purchase products beyond the low-THC variety.

Only two other nations have passed national legalization measures, with Uruguay having done so years before Canada, and Malta having done so late last year. Unlike Canada, Uruguay limits legal adult-use cannabis purchases to residents only, and Malta does not currently allow for-profit sales to anyone.

One area where Canada’s legalization model is clearly lacking is when it comes to pardons. United States President Joe Biden recently announced that he will be pardoning anyone convicted of a federal cannabis possession charge, and that has ramped up calls in Canada for the government at all levels to do the same.

Leading up to legalization in 2018 in Canada there was strong support for automatic pardons, yet the provision did not make it into the final measure. Instead, the fee for applying for a cannabis pardon was eliminated as a political compromise, although that still left all of the hoops that needed to be jumped through.

“According to a poll by The Globe and Mail/Nanos Research, however, 62 per cent of Canadians support or somewhat support the calls for a pardon for every person with a criminal record for marijuana possession.” The Globe and Mail stated back in 2017.

That level of support appears to have increased between 2017 and 2022, with new polling showing a slight uptick. Per Research Co:

More than three-in-five Canadians are in favour of a plan to pardon people convicted of simple possession of marijuana, a new Research Co. poll has found.

In the online survey of a representative national sample, 64% of Canadians agree with the federal government providing expungement orders to people convicted of possession of cannabis for personal use with no intent to traffic.

It still appears to be unclear how many people in Canada have one or more related cannabis convictions on their record that would be eligible for expungement. Starting in the 1970s tens of thousands of people were convicted of possession every year in Canada. In 2015 alone it’s estimated that roughly 49,000 charges were applied by law enforcement.

Cannabis pardons and expungements need to be automatic, and that needs to be the practice everywhere, including in Canada.

The harms of prohibition are numerous, and the wrongs of the past will never be righted until every person that was ever convicted of a cannabis offense is freed from the burden of having it follow them around everywhere that they go. And the burden of making that happen falls squarely on the government, not the victim.

Canada was not the first country to legalize cannabis for adult-use, however, it was the first G-7 nation to do so, and the first to implement a nationwide, regulated adult-use cannabis industry that is open to anyone of legal age.

Uruguay is the only nation to have passed an adult-use legalization measure prior to Canada doing so. Yet, unlike Canada’s industry model, Uruguay limits adult-use sales to residents.

Legalization in Canada has certainly experienced its ups and downs, and by no means is it perfect. With that being said, it’s still the greatest cannabis policy and industry ‘experiment’ to-date, and much can be learned from the last four years.

On that note, Health Canada issued a statement today recapping its views regarding the last four years. Part of the statement urges people to share their feedback. Below is the statement in its entirety:

OTTAWA, ON, Oct. 17, 2022 /CNW Telbec/ – Today, the Minister of Health and the Minister of Mental Health and Addictions and Associate Minister of Health issued the following statement about the Cannabis Act:

On this day in 2018, the Cannabis Act came into force, putting in place a new, strictly regulated framework for controlling the sale, possession, production and distribution of legalized and regulated cannabis for non-medical purposes.

Since this time, the Government of Canada has implemented a robust public health approach to help keep cannabis out of the hands of youth and to help ensure adults have access to a quality-controlled and regulated supply, while reducing the scope and scale of the illicit market.

The Cannabis Act has two important and critical objectives: first, it protects the health and safety of Canadians while serving as a flexible legislative framework that adapts and responds to the ongoing and emerging needs of Canadians; second, it provides for the establishment of a diverse and competitive legal industry made up of small and large players to displace the illicit market.

In the short time since legalization, more and more Canadians who consume cannabis are choosing to buy cannabis from legal retailers - according to the 2021 Canadian Cannabis Survey, 53% reported a legal storefront as their usual source, an increase from 41% in 2020.

Public education efforts play an important role in protecting the health and safety of Canadians, especially youth. We will continue to equip Canadians with trusted information about how to identify legal cannabis and lower their risk if they choose to consume.

To ensure the functioning of the Cannabis Act is continuously improving, Health Canada has launched an independent review of the legislation to examine the progress made towards achieving the Act’s objectives, and to help identify priority areas for improvement. An Expert Panel, chaired by Mr. Morris Rosenberg, will lead this credible and inclusive review.

As an initial step, an online engagement process has been launched and is open to all Canadians. We encourage you to read Taking Stock of Progress: Cannabis Legalization and Regulation in Canada and to share your views via the online questionnaire or through written feedback until November 21, 2022.

First Nations, Inuit, and Métis peoples are also invited to read and provide feedback by November 21, 2022, on the Summary from Engagement with First Nations, Inuit and Métis Peoples.

As we look to the future, the Government of Canada will continue to provide clear, consistent and evidence-based information on the health and safety effects of cannabis use to people across the country, so they can better understand the risks and make more informed choices.

The Honourable Jean-Yves Duclos, P.C., M.P.
The Honourable Carolyn Bennett, P.C., M.P.

Associated links
Reduce your risk: Choose legal cannabis 
Cannabis Resource Series – How to read and understand a cannabis product label 
Pursue your Passion campaign 
Authorized cannabis retailers in the provinces and territories 
Canada’s lower-risk cannabis use guidelines
Accidental ingestion of illegal “copycat” edible cannabis products causing serious harm to children: Public Advisory 
Canadian Cannabis Survey 2021: Summary

SOURCE Health Canada

For further information: Marie-France Proulx, Press Secretary, Office of the Honourable Jean-Yves Duclos, Minister of Health, 613-957-0200; Maja Staka, Office of the Honourable Carolyn Bennett, Minister of Mental Health and Addictions and Associate Minister of Health, 343-552-5568; Media Relations, Health Canada, 613-957-2983, media@hc-sc.gc.ca

Cultivating your own cannabis can provide many benefits, with one of the most obvious benefits being cost savings. If someone is knowledgeable and able, they can cultivate their own cannabis for a fraction of what it costs to purchase cannabis from retail outlets.

Another major benefit is controlling what goes into your cannabis. After all, if you cultivate your own cannabis then you know exactly how often it is watered, what the water quality is, and what and when your plants are fed nutrients. There are no mysteries as to what your cannabis contains.

Unfortunately, not everyone has the right to legally cultivate their own cannabis, even in places where legalization measures have been passed. Home cultivation is legal in most of Canada, with some local exceptions which are working their way through legal challenges, and the option appears to be very popular according to newly released data. Below is more information about it via a news release from NORML:

Waterloo, Canada: Approximately ten percent of Canadian cannabis consumers report engaging in home cultivation, according to data published in the journal Addictive Behavior Reports.

Canadian researchers surveyed home cultivation patterns prior to and following the enactment of adult-use legalization in 2018. Under the law, adults in most regions of the country are permitted to grow up to four cannabis plants for their own personal use. (The provinces of Quebec and Manitoba prohibit home cultivation.)

Researchers reported that the percentage of consumers who grew their own cannabis increased from six percent prior to the passage of legalization to nine percent in 2020. Those residing in more rural areas were more likely to home cultivate. Most of those who engaged in home cultivation did not exceed legally imposed plant limits.

“Almost one-in-ten Canadian cannabis consumers reported home cultivation of cannabis in 2020, with modest increases following legalization of non-medical cannabis,” authors concluded. “The uptake of home cultivation is associated with province and cultivation policies; specifically, Manitoba and Quebec, the only provinces to prohibit non-medical home cultivation, reported among the lowest rates. Although the current study reported an increase in home cultivation among past 12-month consumers after legalization, it will be important to see whether rates continue to increase, even as access to legal cannabis and the price of legal cannabis decreases.”

Data from the United States has estimated that fewer than two percent of cannabis consumers acknowledge engaging in home cultivation, although the actual percentage of home growers has likely increased in recent years as more jurisdictions have adopted marijuana legalization policies.

NORML has long advocated that consumers in legal jurisdictions ought to have the option to home cultivate personal use quantities of cannabis, opining: “The inclusion of legislative provisions protecting the non-commercial home cultivation of cannabis serves as leverage to assure the product available at retail outlets is high quality, safe and affordable. Additionally, permitting home cultivation provides adult consumers with an immediate source of cannabis — providing an alternative to the illicit market. Such a source is necessary because it typically takes state regulators several months, or even years, following the law’s enactment to establish licensed retail operators.”

Full text of the study, “Home cultivation across Canadian provinces after cannabis legalization,” appears in Addictive Behavior Reports.

Canada became the second country on earth to pass an adult-use legalization measure back in 2018, and still remains the only G-7 country to make such a public policy change. Uruguay was the first to legalize cannabis for adult-use at a national level in 2013, and Malta passed a limited legalization measure late last year.

Policy and industry observers from around the globe have kept a close eye on Canada since the launch of legalization, and the Canadian government is set to conduct a thorough review of the nation’s cannabis policies. Below is more information about it via a news release from the Canadian government:

OTTAWA, ON, Sept. 22, 2022 /CNW Telbec/ – Today, the Honourable Jean-Yves Duclos, Minister of Health, and the Honourable Carolyn Bennett, Minister of Mental Health and Addictions and Associate Minister of Health, announced the launch of the legislative review of the Cannabis Act. 

The objective of the Cannabis Act is twofold. First, it aims to protect the health and safety of Canadians while serving as a flexible legislative framework that adapts and responds to the ongoing and emerging needs of Canadians. Second, it provides for the establishment of a diverse and competitive legal industry made up of small and large players to displace the illicit market.

Parliamentarians recognized the need for an early assessment of the Government’s new approach to cannabis control, and included a provision requiring a review in the Act. The review will help ensure that the Act adapts to the current situation and continues to meet Canadians needs and expectations.

An independent Expert Panel, chaired by Mr. Morris Rosenberg, will lead a credible and inclusive review. Mr. Rosenberg is very well positioned to serve as Chair of the Expert Panel, with expertise and experience in the fields of justice, public health and public safety. He also has an informed understanding of the relationships between the Government of Canada, provinces and territories, and Indigenous peoples. We will announce the other four members of the Expert Panel in the coming weeks.

The Panel will provide independent, expert advice to both Ministers on progress made towards achieving the Act’s objectives, and will help identify priority areas for improving the functioning of the legislation. It is stated in the Act that the review should focus particularly on the health and cannabis consumption habits of young persons, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a housing context. The Panel will broaden that focus to include:

• Economic, social and environmental impacts of the Act;
• Progress towards providing adults with access to strictly regulated, lower risk, legal cannabis products;
• Progress made in deterring criminal activity and displacing the illicit cannabis market;
• Impact of legalization and regulation on access to cannabis for medical purposes; and
• Impacts on Indigenous peoples, racialized communities, and women who might be at greater risk of harm or face greater barriers to participation in the legal industry based on identity or socio-economic factors.

The Panel will engage with the public, governments, Indigenous peoples, youth, marginalized and racialized communities, cannabis industry representatives and people who access cannabis for medical purposes to gather their perspectives on the implementation of the Act. The Panel will also meet with experts in relevant fields, such as public health, substance use, criminal justice, law enforcement and health care.

Additionally, the Panel was mandated to apply a sex and gender-based analysis plus lens to their review. This means they will examine the degree to which different sub-groups of the population (for example, women and people of colour) may experience unique or disproportionate effects of Canada’s cannabis control framework based on identity or socio-economic factors. The Panel will also examine the medical access framework in the context of the legalization of cannabis, and more specifically, whether all elements of the medical framework are required to maintain reasonable access to cannabis for patients.

As an initial step in the legislative review, an online engagement process has been launched. All Canadians are invited to read Taking Stock of Progress: Cannabis Legalization and Regulation in Canada and to share their views via the online questionnaire or through written feedback until November 21, 2022.

1. First Nations, Inuit, and Métis peoples are invited to read and provide feedback by November 21, 2022, on the Summary from Engagement with First Nations, Inuit and Métis Peoples.

The Summary outlines what has been heard by Health Canada to date through engagement with First Nations, Inuit and Métis peoples on the Cannabis Act. Feedback on this paper will help confirm if Health Canada has properly understood their perspectives, priorities and concerns related to cannabis.

“The work of the Expert Panel will address the ongoing and emerging needs of Canadians while protecting their health and safety. Through this useful, inclusive and evidence-driven review, we will strengthen the Act so that it meets the needs of all Canadians while continuing to displace the illicit market. I look forward to receiving the Panel’s findings.”

The Honourable Jean-Yves Duclos
Minister of Health

“Ensuring that this review is informed by the input of experts and interested partners in many fields, Indigenous partners, as well as individual Canadians, will be essential to the work being done by Mr. Rosenberg and the rest of the Expert Panel. Congratulations to him, and we look forward to the Panel’s Review. Their work will be vital for our Government to continue moving ahead in a responsible way, while also minimizing the health risks associated with cannabis, especially for young Canadians.”

The Honourable Carolyn Bennett
Minister of Mental Health and Addictions and Associate Minister of Health

“I am honoured to be leading the Expert Panel in conducting a thorough, independent review of the Cannabis Act. I look forward to hearing the perspectives of the public, stakeholders, and First Nations, Inuit and Métis peoples through the online engagement process underway.”

Mr. Morris Rosenberg
Chair of the Expert Panel

• The Cannabis Act came into force on October 17, 2018, putting in place a new, strictly regulated framework for controlling the sale, possession, production and distribution of cannabis.
• The Act requires the Minister of Health to conduct a review of the legislation, its administration, and operation three years after coming into force, and for the Minister to table a report on this review in both Houses of Parliament 18 months after the review begins.
• The legislative review will assess the progress made towards achieving the Act’s objectives, and will evaluate:
• • Impacts on young persons;
  • Progress towards providing adults with access to strictly regulated, lower risk, legal cannabis products;
  • Progress made in deterring criminal activity and displacing the illicit cannabis market;
  • Impacts of legalization and regulation on access to cannabis for medical purposes;
  • Impacts on First Nations, Inuit, and Métis Peoples and communities; and
  • Trends and impact of home cultivation of cannabis for non-medical purposes.

• Legislative Review of the Cannabis Act
• Cannabis Act
• Cannabis Regulations
• Cannabis in Canada

SOURCE Health Canada