Canada - Legalizing and strictly regulating cannabis

On April 13, 2017, the federal government of Canada released the much anticipated proposed Cannabis Act to introduce the framework for recreational cannabis in Canada.

The proposed Cannabis Act would create a strict legal framework for controlling the production, distribution, sale and possession of cannabis across Canada.

The Cannabis Act seeks to:

• restrict youth access to cannabis

• protect young people from promotion or enticements to use cannabis

• protect public health through strict product safety and quality requirements

• reduce the burden on the criminal justice system

• allow adults to possess and access regulated, quality controlled legal cannabis

According to the bill, individuals would be allowed to possess up to 30 grams of marijuana for personal use, similar to the one-ounce standard in U.S. states where marijuana use is legal. Households would also be allowed to grow up to four marijuana plants.

The proposed Act provides the federal government with significant authority to regulate the possession, production, distribution and sale of cannabis for recreational purposes, but it leaves the details of implementation, including commercial regulations, to individual provinces.

The federal government’s responsibilities would be to:

• set strict requirements for producers who grow and manufacture cannabis

• set industry-wide rules and standards, including:

• the types of cannabis products that will be allowed for sale

• packaging and labeling requirements for products

• standardized serving sizes and potency

• prohibiting the use of certain ingredients

• good production practices

• tracking of cannabis from seed to sale to prevent diversion to the illicit market

• restrictions on promotional activities

While the bill would remove penalties for individual use and possession, it wouldn’t set up a nationwide system for selling marijuana commercially — those details would be left to individual provinces.

The current program for accessing cannabis for medical purposes would continue under the new Act.

Cannabis will remain illegal as the bill moves through the legislative process. If it is approved by Parliament, the bill could become law with a target date of no later than July 2018.

In conclusion, the proposed Act will require the provinces and territories to enact legislation that contains minimum conditions to address public health and safety objectives across the country.

This update is intended as a summary only and should not be regarded or relied upon as advice regarding any specific situation. For specific advice please contact our office.

noa@ngeva.lawyer