Cannabis Act
   HOME

TheInfoList



OR:

The ''Cannabis Act'' (also known as Bill C-45) is a law which legalized
recreational cannabis Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
use in Canada in combination with its companion legislation Bill C-46, ''An Act to Amend the Criminal Code''. The law is a milestone in the
legal history of cannabis in Canada The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis mark ...
, alongside the 1923 prohibition. The bill was passed by the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
in late November 2017, and in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on June 7, 2018, and the House accepted some Senate amendments and sent the bill back to the Senate on June 18. The Senate then passed the final version of the bill on June 19, and it received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on June 21. Canada is the second country in the world to legalize recreational cannabis nationwide after
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
.


History leading up to act

The
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. __TOC__ Active liberal parties This is a li ...
proposed legalization in 2012, and it was a major campaign platform for
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
who became
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
in 2015. Shortly after election, the Task Force on Cannabis Legalization and Regulation was convened to study the issue. They released a report on December 13, 2016. On April 10, 2017, CBC News and sources in other countries reported that the Liberals intended to table legislation by April 13, in time for it to be considered prior to the 420 "holiday". A legalization date prior to July 1, 2018 was set to avoid
Canada Day Canada Day (french: Fête du Canada), formerly known as Dominion Day (french: Fête du Dominion), is the national day of Canada. A federal statutory holiday, it celebrates the anniversary of Canadian Confederation which occurred on July 1, 18 ...
. Canadian policy makers considered regulations and laws around legalized
cannabis in Colorado Cannabis in Colorado has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in t ...
,
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
and
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
as a model.


Act and its provisions

On April 13, 2017, Bill C-45, with the short title ''Cannabis Act'', was introduced to Parliament, sponsored by Jody Wilson-Raybould,
Minister of Justice and Attorney General of Canada The minister of justice and attorney general of Canada () is a dual-role portfolio in the Canadian Cabinet. The officeholder in the role of Minister of Justice () serves as the minister of the Crown responsible for the Department of Justice an ...
. It allowed for national use by individuals aged 18 and over, and possession of 30 grams. Provinces may further restrict possession, sale and use. Legal sales take place at retail outlets or through the mail. The provinces are responsible for setting up a system for retail sales. Mail delivery will be handled by the federal government. The bill was said on April 14, 2017 to have a solid majority of support from the governing Liberal Party and the opposition Conservative and New Democratic parties. Personal production: Individuals are permitted to grow up to four plants for their own use. While the sale of edibles (baked goods, drinks, etc.) will not be allowed initially, individuals can make edibles at home for their own use. Promotion and packaging: Companies are allowed to brand their products, but they must avoid anything that would appear to appeal directly to youth such as cartoon characters, animals, or celebrity endorsements. Event sponsorship is also not allowed. Companies can also use factual information on their packaging, such as THC levels, that would help consumers make a decision on what product to buy. Promotion is only allowed in places where youth cannot view it.


Revenue projections

Tax revenue to the national treasury was projected in 2017 to be upwards of $675 million a year.


Reactions

National legalization of cannabis north of the
Canada–United States border The border between Canada and the United States is the longest international border in the world. The terrestrial boundary (including boundaries in the Great Lakes, Atlantic, and Pacific coasts) is long. The land border has two sections: Can ...
is expected to create a competitive pressure for the United States to legalize at the federal level, lest consumers divert billions of dollars of revenue outside of the country. Many were disappointed that the legislation did not contain plans to expunge the criminal records of persons charged with simple possession. This means that anyone with a record for possessing under 30 grams will still need to petition a Record Suspension after a five-year waiting period. This led some activists to believe that the legalization is not "true legalization" and does not help people who come from disadvantaged backgrounds. A satirical reaction in ''
The Beaverton ''The Beaverton'' is a primarily online Canadian news satire publication, based in Toronto, Montreal and Whitehorse.Canoe.com editorialized that the bill was rushed and failed to address concerns of the black market and did not set limits for legal impairment for motor vehicle operators. During the Lac St. Jean byelection, the debate over legalization was an issue. The
Bloc Québécois The Bloc Québécois (BQ; , "Québécois people, Quebecer Voting bloc, Bloc") is a list of federal political parties in Canada, federal political party in Canada devoted to Quebec nationalism and the promotion of Quebec sovereignty movement, Que ...
candidate Marc Maltais expressed concerns over the bill's ability to respect provincial jurisdiction. The NDP candidate felt that the July 1 deadline was too fast for legalization to be implemented. A lawyer pointed out that the ticketing provision in the ''Act'' could likely "violate the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
''."


Final implementation

After being passed by the House of Commons, the bill was sent to the Senate. On June 1, 2018, the Senate passed an amendment to C-45 outlawing cannabis "brand-stretching". The amendment, which passed 34–28, outlaws the sale and display of cannabis-related merchandise and makes it difficult to publicly promote cannabis once legalized. However, this amendment was rejected by the Liberal government when the bill was returned to the House of Commons and does not appear in the final version of C-45 that received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
. On June 19, 2018, the Senate passed the bill and the prime minister announced the effective legalization date as October 17, 2018. Canada is the second country (after
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
) to legalize the drug. As expected, the use of cannabis for recreational purposes became legal across the country on October 17, 2018, under the ''Cannabis Act''. Persons aged 18 or older can possess up to 30 grams of dried or “equivalent non-dried form” in public. Adults are also allowed to make cannabis-infused food and drinks "as long as organic solvents are not used to create concentrated products." 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. Each province set its own procedures for retail sales, and these vary as to the ownership of retail stores (government or private enterprise) but all provinces decided to offer an option for online sales. Since cannabis is illegal in the U.S. per federal legislation, the government warned that "previous use of cannabis, or any substance prohibited by U.S. federal laws, could mean that you are denied entry to the U.S". Canadians travelling within the country (but not internationally) are allowed to carry up to 30 grams of cannabis. Driving under the influence of drugs remained illegal.


Effect

By 2022, the cannabis industry in Canada has contributed $43.5 billion to Canada's GDP, according to Deloitte Canada. It has also created 98,000 jobs and paid over $15 billion in taxes.


See also

:By province or territory *
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
*
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
*
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
*
New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
*
Newfoundland and Labrador Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
*
Northwest Territories The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
*
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
*
Nunavut Nunavut ( , ; iu, ᓄᓇᕗᑦ , ; ) is the largest and northernmost Provinces and territories of Canada#Territories, territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the ''Nunavut Act'' ...
*
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
*
Prince Edward Island Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has seve ...
*
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
*
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
*
Yukon Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
* Canadian Indian reserves


Notes


References


External links


Text of billBill C-45 information
at Parliament of Canada * (Canadian Broadcasting Corporation, June 20, 2018) {{National cannabis legalization 2018 cannabis law reform 42nd Canadian Parliament Canadian federal legislation Cannabis law reform in Canada 2018 in Canadian law