Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.
The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.
The Act
(a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
(b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
(c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
(e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to deal with seized cannabis and other property;
(g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
(h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
(i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.
This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.
In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.
Finally, it makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Cannabis ActGovernment Orders

June 1st, 2017 / 9:20 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, that is one of the things that I find the most problematic.

Since we know that cannabis will be made legal a little over a year from now, it does not make sense to continue prosecuting people and bogging down the court system. Right now, murderers and people who have committed serious crimes are being allowed to go free because of the Jordan decision, and meanwhile, we are continuing to bog down our court system with cases like this.

The government could have decriminalized cannabis right away and implemented a system that would have allowed the police to give out fines and seize cannabis, since it would still be illegal. Rather than initiating a long legal process, the offence would be punishable by a fine. I think that that is a measure that should have been put in place immediately. It would have made it possible to avoid legal proceedings while still punishing offenders.

Most importantly, it would have helped reduce the burden on our courts and prevented people who have committed serious crimes from being released because of procedural delays.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Mr. Speaker, I am sure my colleague is well aware that in 2013 Uruguay became the first country to legalize all aspects of marijuana use, and the intended purpose was to shrink the black market. I would be interested in hearing the member's comments on if she feels this legislation would have any effect at all on shrinking the black market for this product.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I am not an expert on the black market, but from what I have read recently in the media, there is no guarantee that this legislation will eliminate the black market because, unfortunately, there is still money to be made.

Although it could happen, there is still a risk that the legalization of cannabis does not have the intended effect on the black market. For example, if the government does not manage to set a low enough price, then people may turn to the black market. That is what is currently happening with cigarettes. Many people buy cigarettes on the black market because of the high price of tobacco.

There is no real guarantee that the black market will be eliminated. It will depend on the price. It remains to be seen. However, some people who have done research on this seem to be calling into question the Liberals' claim that this will eliminate the black market.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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Liberal

The Speaker Liberal Geoff Regan

The member for Marc-Aurèle-Fortin has time for a very brief question.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Mr. Speaker, I want to congratulate my colleague on her decision to support Bill C-45. I would like to know what you plan to do as a member of Parliament. I know what I am going to do in my region. I would like to know how you will—

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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Liberal

The Speaker Liberal Geoff Regan

Order. I would remind the hon. member that he must direct his comments to the Chair.

Since he is out of time, I now recognize the member for Abitibi—Témiscamingue.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I think we all make an effort to share information when people ask us questions. I recently took part in a documentary on this issue at the Abitibi-Témiscamingue CEGEP. I explained all the arguments, both for and against legalization. I think what matters most is getting information out there.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:25 p.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, we have more proof that the Liberal government is headed in the wrong direction with the marijuana legalization bill, which has Canadians, public safety organizations, and associations like the Canadian Association of Chiefs of Police very worried.

This leads me to ask myself a basic question: do we have a sober statesman with clear and responsible ideas in charge of the country?

Setting up a task force on marijuana is smoke and mirrors. We are all familiar with the ravages of drugs. How can we accept the possibility of making pot legal and profitable to the detriment of our social and economic prosperity? It really took a Liberal cabinet to make that happen.

I am the member for the riding of Lévis—Lotbinière in Quebec, which is a great place to live, where our neighbourhoods are safe and sound, and where we can sleep peacefully at night. Today, I am also speaking as a responsible parent and father who, in all humility, wants to protect all children.

Drugs are a scourge. They may be illegal across the country, but they are still in our schools, our parks, and our streets, and they are still a threat to the future of our children.

Making the leap from medical use in the privacy of a person's own home to recreational use trivializes the real dangers that so many experts have identified and runs counter to creating a responsible society in which people focus on earning a living and making wise choices for the future. With typical reckless abandon, the Liberals spent thousands of dollars last fall on a report that told us what we already knew.

It confirmed that Colorado and Washington state, which legalized marijuana, are spending over $13 million on prevention and education about the dangers of marijuana for a combined population of 12.7 million. The Liberal government must be under the influence of its own bill if it thinks that budgeting $1.9 million for a population of 36.5 million will prevent cannabis legalization from having any impact on Canadians.

Fatal accidents caused by drivers who had consumed marijuana doubled in the state of Washington and tripled in Colorado. As for organized crime activity, there was no decrease after the drug was legalized.

The Health Canada document on the health impacts associated with cannabis is very clear. Youth aged 25 and under are most at risk in the short and long term. The short-term effects of cannabis on the brain include confusion, fatigue, impaired ability to remember, concentrate, and pay attention, and reduced ability to react quickly. How will our young people perform at school or at work?

Cannabis use can also result in psychotic episodes characterized by paranoia, delusions, mood disturbances, psychotic symptoms, and mental health disorders. The THC in cannabis can impair one's ability to drive safely and operate equipment at work. It can also increase the risk of falls and other accidents because THC can affect coordination, reaction time, ability to pay attention, decision-making abilities, and ability to judge distances.

I take no pleasure in telling you the true story of a young girl who could be my or anyone's daughter. She is now living every day with the long-terms effects of a few years of cannabis use at the critical age of adolescence, as is her family.

We must also never forget that marijuana is the perfect gateway to other harder, stronger, more chemical-based, and more addictive drugs. That is a fact that should not be overlooked.

Fanny agreed to share her story so that we can help prevent other children from using marijuana. As a result of marijuana, Fanny faces major challenges every day, but, as they say, there is no use in regret. The damage has already been done.

Fanny was a very cheerful and bright little girl. In junior high, her first boyfriend introduced her to pot with a group of friends at the park in front of the school. Over the weeks that followed, there were more and more opportunities to use it and Fanny's marks plummeted. Her parents were devastated because they no longer recognized her. She started to sneak out at night, and she dropped out of school before finishing grade 8.

The decade that followed led exactly where one would expect marijuana use to lead. Fanny worked various jobs but could never hold one down because of her drug use. Over the years, she had a baby that she did not raise. She even ended up homeless and in a psychiatric ward because she was a danger to herself.

Fanny has still not kicked her addiction, even after an intensive seven-month stay at a treatment centre for women and dozens of Narcotics Anonymous meetings.

At 24, Fanny is sad about her condition and is trying to make a life for herself, even to survive, because she is really struggling. She has now been diagnosed with mental health issues and admits that she will have a lifelong addiction.

Like thousands of young adults who seek out help, trying to get off drugs and learning to lead a stable life are now two of Fanny's biggest challenges. As a child, she had bigger dreams, like becoming a veterinary assistant and having a family. Today, she regrets believing what others told her, that it was just pot.

With the Liberals providing unrestricted access to pot, it will be easier than ever for our youth to start using it. Marijuana has many long-term effects on the brain: it affects memory, concentration, intelligence, also known as IQ, and the ability to think and make decisions.

These effects may be irreversible even after people stop using cannabis. The long-term effects on mental health combined with frequent cannabis consumption increase the risk of suicide, depression, and anxiety disorder. Since pot reduces anxiety, fear, and panic in the short term, it is a never-ending spiral.

There will be no end to heartbreaking stories like Fanny's once marijuana is legalized. Our health care system is already maxed out. Social services centres are struggling to help neglected children whose parents are grappling with serious issues related to marijuana, among other things. Does anyone really see this getting better once people can smoke pot in public? It most certainly will not.

Who is going to pay for these wasted lives? The Liberal Party fund? That would sure be nice. How much personal responsibility is the person whose idea this was in the first place going to take for the social disaster that is about to befall us all? I am talking about the Prime Minister himself. Are we going to accept this vision of society for the people we love and cherish? I myself most certainly will not, and I hope the Senate will do likewise.

The infamous framework for the legalization of cannabis in Canada was only drafted, in my humble opinion, to ease the conscience of the Liberal Party, which must feel as though it is about to make an irrevocable mistake. What that report does not say is how many people could even die, in the short and long term.

You cannot put a price on human life. I truly hope that some kind of miracle will happen and that this Liberal bill, like all the other Liberal Party promises, will somehow be forgotten and that the Conservative government will, as usual, return to power to undo all the damage done by the Liberals.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:35 p.m.
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Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, when I am in Oakville I get into the high schools as much as I can. I talk to kids there about the dangers of marijuana.

The member told a very powerful story about a young woman who in high school began to use marijuana, and that took her down a very difficult and disastrous path in her life. That is exactly what this bill is trying to prevent. It is trying to stop marijuana from getting into the hands of young people in high schools and stop the black market that is feeding them.

If we do not pass this legislation, what else would the member suggest we do to stop that path for that young woman?

Cannabis ActGovernment Orders

June 1st, 2017 / 9:35 p.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, we are going to legalize marijuana and allow people to grow plants in their homes. What are teenagers going to do?

They will grow it, they will smoke it, and they will dry it. When it is illegal, they do not know how to do all that. Now, however, our entire society is going to learn to grow and smoke cannabis.

What will happen in 10, 15, 20, or 30 years? Half of all Canadians will be in some sort of limbo.

Who is going to pay for all this? This will be the decline of Canadian society. The Liberals will remember this for a very long time.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:40 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to ask my colleague a question.

Had we opted for decriminalization, cannabis would not be legal, police officers could seize it, and people would be fined rather than prosecuted. Would my colleague be in favour of such a system?

Under that kind of system, marijuana would be decriminalized, but police officers could still intervene by seizing the marijuana and handing out fines.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:40 p.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, I thank my colleague for her question, and I congratulate her on her second child.

Our young adolescents are victims. The real culprits are those who supply drugs to our children through very sophisticated networks. Cannabis may be a soft drug and not as harmful as other drugs, but people start with that and then want stronger and stronger drugs, chemical drugs that create a dependancy.

One child with an addiction is one too many. It affects the entire family: brothers, sisters, grandparents, cousins, and friends. It can result in suicide. There have been suicides in my riding; that is not something people tend to forget.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:40 p.m.
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Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Mr. Speaker, I am surprised at my colleague's attitude. His party just had its leadership race and the member for Beauce was in favour of legalizing cannabis.

I imagine that his chief organizer did a survey to find out what members of the Conservative Party between the ages of 18 and 25 think about this.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:40 p.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, I think that, as a former high school teacher, my colleague opposite must have seen thousands of students. I am sure that he saw hundreds and hundreds of students who were caught in the same pattern.

I would like to tell a quick story about my friend Gilles, whom I knew when I was 13 years old and in grade 8. Gilles never finished grade 9. In grade 10 he was part of a biker gang, and by grade 11 he was no longer coming to school. We did not know what happened to him, but he had a lot of money. I saw him again 18 years later and he told me that he had to commit suicide for some obscure reason.

Three weeks later, he was dead. He intentionally crashed his motorcycle. He had told me he was going to do it.

It is the same pattern. Pot, hard drugs, street gangs, and money problems. He committed suicide.

That pattern is going to repeat itself hundreds of thousands of times because of the Liberals' big plan for Canadian society. The answer is no. That will never happen.

Cannabis ActGovernment Orders

June 1st, 2017 / 9:40 p.m.
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Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Mr. Speaker, I am grateful to be here today to take part in the discussion surrounding Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code, and other acts. It is also known informally as the cannabis act.

On this side of the House it has always been a top priority to stand up for the health and safety of Canadians, and I would like to thank all of my Conservative colleagues for their hard work in that regard. We are committed to making sure that the voices of everyday Canadians are heard, no matter what the issue might be.

To that end, I feel I am privileged to stand here today and speak to the effects this legislation may have on the Canadian public, and to ensure that the Liberals understand the implications of this policy.

I must mention that I find it rather rich that the Liberals are willing to take years to consult Canadians about basic economic projects, but they have no issue ramming through legislation like Bill C-45 in a matter of months.

The bill represents a seismic shift in our society. With prohibition repealed in the 1920s, alcohol and tobacco have been legal, on and off, for nearly 150 years, and yet we are still working out the kinks of the policy framework for these substances. To think it is a good idea to rush legislation that would have such a wide-ranging and drastic effect across the entire country is short-sighted and ill-advised.

Bill C-45 is a very complex piece of legislation that touches on many aspects of people's lives. One of the things I am most concerned about with respect to the legal age of cannabis is the potential effects it could have on the health of Canadians. This means that we do not have very much science and evidence-based research on the effects of this drug. This was acknowledged in the final report of the Task Force on Cannabis Legalization and Regulation, which states:

We are aware of the shortcomings in our current knowledge base around cannabis and the effects of cannabis on human health and development.

That is concerning. I do not think it is unreasonable to want to have a full understanding of the health effects of cannabis use before it is legalized. That way, we can ensure that the proper framework, policies, and guidelines are put in place before making the substance readily available across the country. Instead, the Liberals are rushing this legislation through the House in hopes of keeping their promised timeline of having the bill reach royal assent before July 2018. Keeping campaign promises is all well and good, but doing it without the full knowledge of the implications of the bill is really irresponsible.

As mentioned, the main areas of concern I have with the bill are the impacts it would have on the Canadian health care system. Before I became an MP, I was a chiropractor and a primary care provider. I have seen first-hand how the abuse of intoxicating substances affects the health of individuals like us.

When it comes to cannabis, studies show that the earlier cannabis use begins and the more frequently and longer it is used, the greater the risk of potential developmental harm, some of which may be long-lasting or permanent. This becomes problematic given that Bill C-45 would make cannabis more accessible to everyone, including youth.

This goes back to my point that we do not fully understand the health effects of cannabis use. What we do know is that the brain continues to develop up to the age of 25, meaning that people who use it before that age are putting themselves at risk. There are associations between frequent cannabis use and mental illnesses such as schizophrenia and psychoses.

At this point, current science is not definitive on a safe age for cannabis use. Why is it that the Liberals, who love to study and consult everything under the sun, have no issue with rapidly ramming through legislation that does not have a solid basis in science, has the potential to burden our health care system, and may cause irreversible harm to our youth? These same Liberals continually tell us that they are the true scientists, that they understand science, and that they listen to scientists—well, perhaps junk science, but I digress.

The burden to the health care system seems to be one of the aspects of the bill that has not been thought out. Cannabis is typically smoked, and similar to tobacco, it has negative effects on the health of the lungs.

Each day in Canada, 100 Canadians die of a smoking-related illness. Each year, there are more than 230,000 deaths for that same reason. With the legalization and wide availability of cannabis, it is assumed that this number would only increase.

Smoke is smoke. We do not send firefighters into a smoke-filled room without respirators, so why would we encourage another means to harm our lungs? As a health care provider, I cannot support an increased burden to our country's health care system, and I certainly cannot get behind this idea when the demographic it will affect most negatively is our youth. The federal government needs to protect the young people of Canada. I do not feel that the bill goes far enough to ensure that is the case.

Another major issue that I see with this piece of legislation is that of occupational health and safety. In my riding, there are a lot of industries that rely heavily on manual labour from their employees, an example of which is the construction industry. The Construction Labour Relations Association of Saskatchewan wrote a letter to my office, outlining some of its concerns with Bill C-45. I have an excerpt from that letter. It says that the construction and maintenance industry is widely recognized as being a safety-sensitive industry, where substance use and abuse pose significant risks to workers' health and safety, and that their contractors are deeply concerned about the forthcoming legalization of marijuana.

Another industry that this has the potential to affect is the transportation industry. My riding serves as one of the major trucking corridors through the United States and up into Canada. Hundreds of transport trucks traverse my riding daily, going through small communities and often on single-lane highways. These single-lane highways are dangerous, to the degree that a “time to twin” committee has been established with the specific goal of working to get infrastructure funding to have Highways 39 and 6 twinned.

There are already a number of accidents involving 18-wheelers every year in southeast Saskatchewan, which sadly results in an average of three deaths annually. I can only assume that there will be more, unless there are specific provisions in place regarding the use of cannabis while at work.

There needs to be a framework for employers to lawfully continue to manage the workplace risks associated with cannabis use. They need to be able to have an option to test their employees whenever they feel the need, especially if the employer feels as though safety standards have been violated. Who will protect these employers from legal challenges, and who will protect fellow workers from the safety risks caused by intoxicated individuals?

I hope that the Liberals can understand why this is so important in labour-centric industries like construction, agriculture, oil and gas, and more. Both employees and employers deserve to have a clear and standardized set of rules regarding the acceptable use of intoxicants, including cannabis, to ensure that occupational health and safety is the major priority, no matter what.

This also applies to the matter of public safety in general. This is a story I do not tell a lot, but when I was 16 years old, while riding a bicycle, I was the victim of a hit and run collision where a driver who was impaired due to drug and alcohol use hit me and left me for dead on the side of the road. I had brain matter draining out of my ear and was in a coma for two weeks. I nearly died as a result of that. It affected my life dramatically, and still does to this day.

That personal experience is part of the reason why I feel so strongly about the need for policies to be in place regarding drug testing with respect to impaired driving before cannabis is legalized. It is a matter of ensuring public safety, and on this side of the House, we think that public safety should be put above keeping campaign promises. These tests need to be concise, accurate, and defensible. They need to be usable and in place prior to any legislation. Otherwise, we are closing the barn door after the horses have left.

In closing, I believe that Bill C-45 is flawed in many regards and that there needs to be a better understanding of the overarching effects of cannabis before it is made available to the Canadian public. I call on the Liberals to do the right thing, and to stand up for the health and safety of Canadians when it comes to the legalization of cannabis.