Concerns with Canada’s Plan for Marijuana Regulation Posted onFebruary 6, 2018June 16, 2020/ Devry Smith Frank LLP Canada’s approach to cannabis regulation has some people worrying. The federal government’s resources for guidance in developing the existing regulations including those regarding control by the federal and provincial governments, may not have been the best. The federal government looked to tobacco and alcohol for guidance in drafting the cannabis regulations. The problem is that the regulations applicable to each of tobacco, alcohol, and cannabis have their respective distinct focus and goal. Tobacco’s primary focus is “reducing use with eventual elimination” while alcohol promotes the “socially responsible use” mirrored by the existing cannabis regulations. Tobacco regulations address the marketing, displaying and packaging of tobacco, including: All forms of marketing are banned Packages have graphic health warnings Eventual possibility of plain packaging Alcohol regulations: Market to the public Have fewer restrictions Is viewed in a more positive light than tobacco There is a strong correlation between the nature and extent of regulation and enforcement, and the effectiveness of limiting the exposure and use of the controlled substance to and by Canada’s youth. Tobacco use has declined significantly from 33% of the population in 1980 to 15% in 2013, and the industry believes it will drop to 5% by 2035. Alcohol, on the other hand, has had a different impact on Canadians. Alcohol companies have been given such relaxed regulations that Canada has one of the highest rates of binge drinking in the developed world. In addition, the existing legislation is outdated to the point that it only places controls over what can be promoted on TV and on the radio. There are no provisions for the advertisement of alcohol via newer technologies and advancements such as the Internet, where most of the promotion and information on alcohol is available. Some suggest that the loopholes available as a result of the outdated regulations have significantly influenced underage drinking, and the same may be true for cannabis use. The proposed cannabis regulations in the Cannabis Act pull components from both tobacco and alcohol regulations, with a bias towards those applicable to alcohol. For instance, the Cannabis Act prohibits “promotion, packaging, and labeling of cannabis that could be appealing to young persons.” This wording alone may not be sufficient to stop enticing cannabis use by today’s youth. Without enforcement of restrictive regulations, how will its use be controlled? Enforcement remains an issue under debate. Provinces have the ability to provide their input to the federal government, but as not all have done so, it might be left to the federal government to decide. For more information on the Cannabis Act and how our Cannabis Law Group can help you, please contact one of our Cannabis Law lawyers today or call our office directly at (416) 449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts Posted onMarch 8, 2018June 16, 2020/ Devry Smith Frank LLP Introduction of Cannabis Lounges: Good for Users? Cannabis Consumption in Ontario Under the current proposed regulations, the Ontario Government intends to control and operate the sale of marijuana. The Liquor Control Board of Ontario will operate approximately 150 stores and sell the product to people aged 19 and older. But what will the rules be for consumption of cannibas? At present, we [...] Read more Posted onJanuary 9, 2018June 16, 2020/ Devry Smith Frank LLP Personal Growth and Use Limitations The Cannabis Act, once in force, prescribes a number of limitations regarding the personal cultivation and consumption of marijuana in Canada. For example, the Act permits anyone over the age of 18 to consume cannabis and permits each household to grow up to 4 cannabis plants for personal use. However, the legislation also permits each [...] Read more Posted onDecember 13, 2017June 17, 2020/ Devry Smith Frank LLP Facts about Bill C-45, Canada’s Proposed New Cannabis Act – Still More Questions than Answers? Bill C-45 (An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts), also known as Canada’s proposed Cannabis Act, recently passed third reading in Canada’s House of Commons and has been forwarded to Canada’s Senate for approval. Although Bill C-45 in its current form answers many [...] Read more Posted onSeptember 21, 2017June 18, 2020/ Devry Smith Frank LLP Ontario’s First Post-Secondary Marijuana Production Certificate Niagara College will become the first college to offer a post-secondary certificate in marijuana production, which will launch in the fall of 2018. The program has been approved by the Ontario Ministry of Advanced Education and Skills Development and will be available to those with a diploma or degree in agribusiness, agriculture science, environmental science/resource studies, [...] Read more Posted onSeptember 15, 2017June 18, 2020/ Devry Smith Frank LLP 15 Arrested in Another Canna Clinic Raid Toronto police have raided another Canna Clinic just days after the government unveiled a sales plan for legal marijuana, making private dispensaries such as the Canna Clinic in Kensington Market that was raided, illegal. 15 suspects were arrested, and hail from Toronto, Mississauga, Richmond Hill, and Guelph, and range in age from 20 to 46. [...] Read more
