B.C. introduces legislation for recreational use of marijuana
VICTORIA Cannabis leaders are mostly praising B.C. government legislation introduced Thursday in anticipation of federal legalization, though they hope to see some perceived flaws nipped in the bud.
Solicitor General Mike Farnworth tabled three bills in the legislature that will amend different B.C. laws to pave the way for legal recreational cannabis later this year. Ottawa had said legalization could occur by July 1 but it now appears likely to be delayed beyond that date. B.C. said it expects to open its first government-operated retail store by late summer, followed by online sales.
“This bill represents a balanced response to the federal government’s decision to legalize nonmedical cannabis,” said Farnworth.
The legislation formalizes many of the details the B.C. government had indicated in February as it began grappling with the cannabis issue. They include a legal purchase age of at least 19, standalone public and private cannabis stores, which are not allowed to sell alcohol or tobacco alongside the cannabis, a provincial distribution network handled by the Liquor Distribution Branch and a personal possession limit of 30 grams for recreational use.
Language in the legislation that protects small industry and allows it to operate alongside larger licensed producers was welcomed by Deepak Anand, vice-president of business development and government relations for Cannabis Compliance Inc.
Anand, whose consulting firm provided the government with input on the legislation, said he supports provisions that incentivize people to transition from the illicit to legal market, and which allow B.C. to carry on that process for months after federal legalization.
“I think that the existing dispensaries are going to need more time to transition into the legal system and the B.C. LDB (liquor distribution branch) is going to need time to stock its shelves, so this provision allows them to extend that without criminalizing people that are currently operating dispensaries,” he said.
Cannabis lawyer Kirk Tousaw said he has concerns with how the government plans to warehouse and then distribute cannabis, which he said will quickly degrade product, particularly in flower form. He believes the province will need to revisit this issue but said that, overall, the legislation mostly shows that the government is on the right track.
“It continues to be a very positive sign — both in the legislation and the public comments around it — that the province is well aware of the need to transition the existing marketplace into the legal arena,” he said.
Still, Tousaw said, government continues to treat cannabis in a way that is more restrictive than alcohol, “which is just not empirically sound.”
Cannabis activist Dana Larsen said he believes that the legislation is “unduly punitive” relative to the treatment of alcohol, unfairly criminalizing cannabis users.
He said B.C. has done a better job with its legislation than most other provinces but “it would be very different” if he had written it.
“It’s reflective of the federal legislation, so all they’re doing is adding more curtailments around it,” he said. “They ’re not pushing to open anything up or to challenge any of the federal legislation.”
Larsen said he wants parents to be allowed to provide their own children with a controlled amount of cannabis in the privacy of their home without the risk of fines or jail time. He said rules around smoking and vaping in public are too restrictive, particularly when people have limited access to outdoor property. He believes an allowance for vapour lounges would address part of this concern.
Larsen criticized language in the legislation that requires those who grow a federally-proposed four plants per household to ensure the plants aren’t visible from a public place, which likely means no sun-grown cannabis for apartment and condo dwellers, as well as the homeless.
Vancouver councillor Kerry Jang, who co-chaired the B.C. government’s legalization task force and sits on the Union of B.C. Municipalities’ executive, said he was pleased with a provision that any operator must first get approval from the local town or city council before gaining a provincial permit.
Jang said the legislation drew heavily on the experiences of Vancouver and Victoria, which have municipal police forces and allow dispensaries, and Surrey, which is policed by RCMP and shut dispensaries down.
He believes the proposed fines and jail terms for non-compliance will be effective in removing existing dispensaries which have failed to comply with local bylaws, while allowing “good operators” to stay.
“It takes all the effort and troubles, really, out of the hands of municipalities,” he said. “It’s everything that we’re looking for and more. ( We’re) very pleased with it.”
The tax rates are being set by Ottawa. B.C. is still considering what price to sell cannabis for, and Farnworth said that must be carefully set.
“The pricing is still being worked on with the Ministry of Finance,” he said. “We are looking at all aspects of that including the PST. We’re mindful the price needs to reflect the fact that one of the key elements of legalization is to reduce the influence of organized crime. We’ve also learned from other jurisdictions if the tax rate is too high you just drive people to the black market.”
Private operators are going to have to undergo background checks, but Farnworth said “minor offences” related to cannabis in the past won’t necessarily disqualify a person from being able to operate a retail store.
“Minor offences are not going to prevent you from applying,” he said. “But certainly a serious criminal offence such as trafficking will.”
“In terms of existing stores I’ve said they are free to apply but there’s no guarantee they will get a licence,” Farnworth added. “They will be treated like any other application.”
If a currently-operating cannabis store tries to remain operational without obtaining a B.C. permit, they will face search and seizure by provincial officials with fines of twice the amount of the retail value of the cannabis found and sold in the store.
Minors will face fines up to $2,000 if caught with pot. Those found intoxicated in public, or who have exceeded the amount they can carry or grow, or intoxicated behind the wheel of a car, will also face fines up to $5,000 the first time or $10,000 on second offences, with potential jail ranging from three to six months.
More details from the legislation:
A ban on smoking cannabis near children, including on school grounds, beaches, playgrounds, health facilities, restaurants/ patios, provincial regional and municipal parks, common areas of apartment buildings, condos and college dorms, skate parks, sports fields and playgrounds, as well as inside vehicles, buses, trains, taxis or on ferries. Outside of this, municipal rules for public smoking and vaping tobacco will apply to cannabis, though municipalities may also decide to limit cannabis separately from tobacco as well.
A limit of four plants grown per household, but they are not allowed to be visible from public spaces off the property.
The power for strata councils and landlords to forbid growing plants inside condos and apartment buildings.
A registration process for businesses that want licences, including shops already in operation.
A ban on new drivers in ICBC’s graduated licensing program from having any THC in their system, or using cannabis before driving.
A new 90-day administrative driving penalty for those who are affected by drugs while driving, based on “analysis of a bodily substance or an evaluation by a specially trained drug recognition expert.”
A new series of cannabis-related offences with fines ranging from $2,000 to $100,000 and jail time of three to 12 months.
The pricing is still being worked on with the Ministry of Finance.