Legal history of cannabis in Canada
[1] Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada.
[2][3][4] The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms.
[12][13] Drug prohibition in Canada began with the Opium Act of 1908,[14] which was introduced based on a report by then-Deputy Minister of Labour, Mackenzie King.
While in Vancouver, King interviewed members of a Chinese anti-opium league and came away in favour of suppressing the drug because "opium smoking was making headway, not only among white men and boys, but also among women and girls.
[16]: 24 King introduced the new legislation based on recommendations from the chief constable of the Vancouver police and to bring Canada's drug laws in line with resolutions passed at an American-led international anti-opium conference in Shanghai.
Murphy was a suffragist and police magistrate who wrote a series of articles in Maclean's magazine under the pen-name "Janey Canuck", which formed the basis of her book.
[21] "It is hardly credible that the average Chinese peddler has any definite idea in his mind of bringing about the downfall of the white race, his swaying motive being probably that of greed, but in the hands of his superiors, he may become a powerful instrument to that end.
According to Carstairs, "There were insinuations in the records that the bureaucrats at the division of narcotic control did not think very highly of Emily Murphy and did not pay attention to what she was writing about, and they didn't consider her a particularly accurate or valuable source.
The report also suggests that increased travel to parts of the world such as the Far East, where hashish was readily available at moderate cost, contributed to the popularity of the drug culture.
[28] An October 2016 national poll by Forum suggests that about five million adult Canadians now use cannabis at least once a month; this was expected to increase by 19 percent after marijuana is legalized.
[31] Canaccord Genuity analysts Matt Bottomley and Neil Maruoka released a research note with a more moderate estimates as to the number of users.
Tweed Inc. will be producing and distributing Snoop Dogg's Leafs by Snoop cannabis brand, and Kevin Smith and Jason Mewes known as Jay and Silent Bob will be promoting Beleave Inc.[33] Stars from the popular Canadian show Trailer Park Boys are launching the brand Trailer Park Buds, produced in collaboration with Organigram.
In a survey conducted by the United Nations in 2011 it was revealed that 12.6% of the population, roughly 4.39 million adults, have used cannabis at least once in the past year, while the estimate for those aged between 15 and 24 was 26.3%.
Considering the massive size of the cannabis market, it is clear that prohibition has harmed the Canadian government greatly, like others worldwide, from an expansive additional source of revenue at a time when cuts in benefits and investments are being used to balance the budget and come out of debt.
[46] This began occurring in the early part of the 2000s when the U.S. Attorney General, John Ashcroft, ordered a clampdown on the use of medical cannabis in the United States.
The bill's death was largely due to pressure from the American government's Drug Enforcement Administration, which had threatened to slow down border-crossings along the Canada–United States border with increased searches for cannabis.
[48] This is a draft by the city authorities in Vancouver called Preventing Harm from Psychoactive Drug Use dated November 2005, that aims to regulate the sale of cannabis.
The proposed legislation would have dealers facing one-year mandatory prison sentences if they are operating for organized crime purposes, or if violence is involved.
Additionally, people in Canada who run a large cannabis grow operation of at least 500 plants would risk facing a mandatory two-year jail term.
Each household is allowed to grow up to four cannabis plants from "licensed seed or seedlings", although Quebec and Manitoba chose to be excluded from this aspect of the legislation.
In Parker, this court made it clear that the criminal prohibition against possession of marihuana, absent a constitutionally acceptable medical exemption, was of no force and effect.
[71] In R. v. Bodnar/Hall/Spasic, the Ontario Court of Justice followed the Long decision, holding that the prohibition against possession of cannabis in the Controlled Drugs and Substances Act is invalid and of no force or effect.
This regulatory structure was, they argued, a violation of the Section 7 of the Canadian Charter of Rights and Freedoms, because it forced sufferers to go through illicit channels to obtain medical cannabis, to which they were legally entitled.
On 12 April 2011, Justice Donald Taliano found that Canada's Marijuana Medical Access Regulations (MMAR) and "the prohibitions against the possession and production of cannabis contained in sections 4 and 7 respectively of the Controlled Drugs and Substances Act" are "constitutionally invalid and of no force and effect".
[75] In granting the deadline extension, the Court of Appeal noted that "The practical effect of the decision if the suspension were permitted to expire on 14 July would be to legalize cannabis production in Ontario, if not across Canada.
[80] During the United Nations General Assembly on the World Drug Problem in New York City in April 2016, Health Minister Jane Philpott announced the Canadian government's plan to introduce new legislation to the House of Commons the following spring.
[81] Since that time, some people with minor convictions for cannabis possession are asking whether the Government of Canada plans to give them pardons that would allow them to travel to the United States and to get employment in certain fields.
[83] Cannabis will be taxed, producing revenues of $618 million per year initially and eventually, billions, according to a report by Canada's Parliamentary Budget Officer (PBO) in 2016.
[101] However, Conservative Senators temporarily stalled the bill in parliamentary committees, proposing amendments including attempts to prohibit private cultivation, among other items.
"[106][107][108] Past CPC interim leader Rona Ambrose had on multiple occasions reiterated Mr. Harper's position, but had also stated that she wanted Trudeau's government to "get a move on" with their plan.
