Marijuana bill wispy on essential details
Jenna Valleriani wonders about equal access and people already convicted of minor crimes.
Thursday, the federal government tabled its long-awaited legislation for the legalization and strict regulation of cannabis. Almost four years have passed since Justin Trudeau first announced the Liberal party’s intention to legalize and strictly regulate cannabis. Canada hasn’t seen a shift like this since the end of alcohol prohibition in the 1920s. While the tabled legislation represents a great first step, there is still a lot left up in the air — responsibility that falls predominantly on the provinces and territories. This also underscores concern over equal access to cannabis for adults across Canada.
Following the marijuana task force final report in mid-December, the proposed legislation captures some important pieces of a comprehensive framework. Some positive outcomes include the application of non-criminal sanctions to young Canadians who are underage. This was absolutely vital to ensuring legalization would meet one of its main mandates: the protection of young people. Currently, youth are disproportionate targets of drug-related arrests, a majority for cannabis alone. On the flip side, sanctions will be much more severe for those who sell to minors or attempt to exploit youth in cannabisrelated crimes — up to a surprisingly serious 14-year sentence.
Age limits follow the task force recommendations, setting the minimum at 18, with an option for provinces to adjust that age to match their “individual realities.” This may lead to quite diverse legal-age ranges across provinces, likely up to a more conservative 25 in some spots. We can only hope provinces seriously consider the likelihood of higher age limits perpetuating demand in the illicit market, in addition to federal encouragement to balance public health and public safety. Barring regulated and legal access to adults aged 18 to 24 will only encourage the black market, since this age range is the highest-using cannabis population in Canada.
The production of cannabis under this new personal use system will follow the medical model — one in which producers who meet stringent and often quite onerous regulation will apply to Health Canada for a licence. Additionally, provinces will be left to deal with distribution. If no retail model is put in place, adults will be able to purchase through the mail directly from a licensed producer, but we also need to consider the additional bureaucratic layer that personal possession limits impose, and if this will cause an administrative nightmare for mail transactions.
Some big questions remain, particularly around driving under the influence. Three new driving offences will be introduced for having a specified level of a drug or combination in one’s system. This includes mandatory alcohol and drug screening, where police can demand an oral fluid-screening test if they “reasonably suspect” that a driver is under the influence. What counts as reasonable seems purposely unclear. Aside from the fact that we don’t yet have the technology to test for actual intoxication of cannabis (only the presence of THC), many legal experts have already expressed serious concerns about the constitutionality of these changes. This also intersects with additional concerns around police profiling, and the potential to disproportionately impact minorities in particular.
Finally, we didn’t hear about past convictions for simple possession, as well as ongoing arrests that may occur until the bill is in force. A comprehensive approach must include consideration of those who have been harmed by cannabis prohibition through its criminalization. While we’re unlikely to see a blanket expunging of criminal records, Canada could set up a fast-track pardoning system for those convicted of simple possession and trafficking of cannabis.
While today represents a historical and long-awaited moment in drug policy reform, there are still many questions around the specifics, particularly whether provinces will follow the lead of the federal government. In reality, the bill’s success depends on how things such as age restrictions, distribution, taxation, pricing and other elements shape up. One thing for certain is that much of the work is now up to the provinces, and could end offering varying access to cannabis for adults across Canada.