Weed may be controlled substance, Ottawa says

Justice minister encourages law enforcement to continue crackdown on cannabis users

Prime Minister Justin Trudeau’s Liberal government warns legalized recreational marijuana will be a strictly controlled substance — so much so that even homegrown weed may be prohibited.

Federal Health Minister Jane Philpott said the government is “taking a public health approach to the matter of the legalization and regulation of marijuana,” treating it like tobacco.

But in Ontario — despite strong antismoking laws — growing tobacco for personal consumption is allowed.

That raises questions about the efficacy of banning Canadians from cultivating marijuana at home for recreational use once it is legalized next year.

Kyle Bell, a medicinal cannabis advocate, said Monday that there is mounting concern that the federal Liberals may not allow anyone — even medical marijuana patients — to grow their own.

Bell noted Ottawa has until Aug. 24 to address a federal court ruling in B.C. that it’s unconstitutional to stop patients from growing cannabis and forcing them to buy it from Health Canada-licensed producers.

“They’re being very heavy-handed with it,” he said of the federal government’s moves.

In Colorado, where marijuana has been legal since 2014, state residents aged 21 and older can grow up to six plants each — to a maximum of12 per household — with no more than three in the mature flowering stage at any time.

Some may be surprised to learn that in Ontario, the province’s Tobacco Tax Act allows adults to “produce and process for his or her own personal use, and not for sale, up to 15 kg of raw leaf tobacco per calendar year.” Anyone who grows more than that amount of tobacco — or plans to sell their crop — must register with Queen’s Park and will be subject to inspections.

When former deputy prime min- ister Anne McLellan was named chair of the nine-member federal task force on marijuana legalization and regulation last Thursday, Philpott indicated cannabis could be treated like tobacco.

“It’s not uncommon for other substances to have regulation from the federal government, so as you know, there’s a Tobacco Control Act in place,” the health minister said.

Liberal MPP Bill Blair (Scarborough Southwest), the former Toronto police chief and a Trudeau lieutenant on the marijuana file, went further when asked if people would be allowed to grow their own pot.

“Unlike (growing) tomatoes, it is a substance that poses certain significant both social and health harms and risks to Canadians,” said Blair, noting “the science is overwhelmingly clear that marijuana is not a benign substance.”

He said that’s why Ottawa will be “ensuring that an effective and comprehensive regulatory framework is put in place to control the production, distribution, and the consumption of marijuana.”

Blair said the overarching goal of legalization is “protecting our kids, getting organized crime out of this trade . . . by reducing the violence and victimization they’re responsible for — and doing everything possible to ensure whatever is consumed by Canadians is as healthful as we can make it.”

That suggests Ottawa is leaning toward regulations for recreational marijuana similar to those governing medicinal cannabis, which is already legal in Canada.

Such marijuana is available with a prescription from a medical doctor and is supplied by 33 Health Canada-licensed producers and delivered by registered mail. The storefront “dispensaries” — more than100 of which have popped up on Toronto streets in recent months — are illegal and are not licensed by Ottawa to provide medical marijuana.

Justice Minister Jody Wilson-Raybould said Thursday that even though legalization looms, “the current criminal laws on marijuana remain in force.”

“Production and possession of marijuana are illegal unless it has been authorized for medical purposes. The Government of Canada supports efforts by federal, provincial and municipal law enforcement to enforce these laws,” said Wilson-Raybould, in an apparent reference to recent police crackdowns against the weed shops.

At Queen’s Park, Premier Kathleen Wynne has a dozen provincial departments forging a strategy on the impact of legalized recreational cannabis — examining health effects, road safety, and tax implications.

“We will work with the federal government as we develop in Ontario the complementary distribution network,” the premier said last week.

Wynne has repeatedly said she wants the Liquor Control Board of Ontario (LCBO) involved in retailing, in order to keep weed out of the hands of children and teenagers.

In Colorado, residents can grow up to six plants each — to a maximum of 12 per household