Bill C-45 (Historical)

Cannabis Act

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

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.

Cannabis Act

[Salma Zahid, Liberal, Scarborough Centre, ON]

Madam Speaker, I am speaking today in support of Bill C-45, not just as the member of Parliament for Scarborough Centre but as a mother who wants to keep her children and all children safe from drugs and alcohol and as a citizen who wants to reduce the power and influence of organized crime.

The fact is, if we want to keep cannabis away from our children, we need to support this bill. Those who oppose this common-sense, evidence-based legislation are supporting a so-called war on drugs that has been one of the most spectacular and expensive failures in the history of public policy and has done nothing but line the pockets of those in organized crime.

The fact is, today it is easier for under-age youth to get their hands on cannabis than it is to get their hands on alcohol or tobacco. If members doubt that, they should talk to our nation's youth and visit schools, as I have. I hear from my own children that cannabis is more accessible to children than beer or cigarettes. It is in our schools and is leading to conflict, illegal activity, and expulsions. Cannabis is negatively impacting the education and lives of our younger generation.

The numbers back this up. Canada has one of the highest rates of youth cannabis use in the world. In 2015, use among youth aged 15 to 19 was 21%, rising to 30% among youth aged 20 to 24. This is simply today's reality.

While the sale and distribution of alcohol and tobacco is regulated by federal and provincial governments, there are strict rules against selling to minors. Retailers face severe fines and penalties if they violate these rules, including losing their licence to sell tobacco, for example, so they have a business interest in ensuring that they follow the regulations against selling to minors.

Of course, there are ways around any system. Yes, an older friend could buy beer for a younger friend. It is illegal, but it does happen. They could steal alcohol from their parents' liquor cabinet. Youth, desperate enough, will find a way around any system. However, the fact is, the regulation of alcohol and tobacco has clearly been more effective in restricting use by minors than prohibition. We need to bring the same system of regulation to cannabis, because it has been proven to be more effective in restricting use by minors.

Besides being more effective, there is another very good reason to support this legislation and the strict regulation of cannabis. With a single stroke, we would be dealing a massive financial blow to organized crime in Canada. Cannabis is a cash crop for criminal gangs, bringing in revenue they use to purchase harder drugs for distribution as well as guns, which fuel violence and crime in our communities. Legalized and regulated cannabis would put criminal gangs out of the cannabis business.

As I have said, a store owner operates under strict rules on who he or she can sell to. Criminal gangs and drug dealers do not care about such rules. They do not care how old customers are, as long as they have the money. Criminal dealers also do not just sell cannabis. They can expose their young customers to other far more dangerous illegal substances.

For the first time, Bill C-45 would create a specific criminal offence for selling cannabis to minors and would create heavy penalties for anyone who engaged youth in cannabis-related activities. The bill would also prohibit products, promotions, packaging, and labelling designed to appeal to our youth. This is why, if we want to make it harder for young people to access cannabis and strike a blow at organized crime, we need to support Bill C-45. If people say that they are tough on crime but oppose this bill, they are fooling themselves.

The proposals in Bill C-45 are common-sense, evidence-based policy that is the result of more than a year of extensive consultation with law enforcement and health and safety experts, led by my colleague, the hon. member for Scarborough Southwest, and the Task Force on Cannabis Legalization and Regulation, led by the Hon. Anne McLellan. This is legislation whose time has come.

I must say that I am saddened to have read the misinformation that some opposed to this bill have sought to spread, particularly within different ethnic communities. Rather than arguing against the merits of strict regulations, they have sought to use fearmongering and misleading statements to deliberately inflame tensions. As a member of one of those ethnic communities, I am insulted that they think so little of us and believe we lack the intelligence to see through their alternate facts. Members of my community want to make it harder for their children to access cannabis, and that is exactly what would be accomplished with Bill C-45. This is help parents need.

Another misleading attack on this bill I have heard is that it would make it legal for minors to possess cannabis. That is an obtuse and deliberately misleading statement. It is true that under Bill C-45 the possession of a small amount of cannabis would not be a criminal offence. It is not for the possession of a small amount of alcohol or tobacco either. This does not mean it would be allowed, though. Our government would work with the provincial governments to ensure that strict fines were in place for those caught in possession of small amounts.

Why a fine and not a criminal charge? On this side of the House, we do not think it is right to ruin the lives of minors by saddling them with criminal records for the rest of their lives because they made a mistake. While strong criminal penalties would be in place for trafficking and distribution, fines are the right approach for simple possession by youth.

It has been raised that there are a number of unanswered questions about the system of regulation that would be created by Bill C-45. Where and how would cannabis be sold, for example? I have also heard from my constituents concerns about how the use of cannabis by neighbours in apartment buildings could impact their enjoyment of their own homes. These are questions that would be addressed by provinces and municipalities, as they fall under their jurisdiction. Canada is a federation, and it would not be appropriate for the federal government to dictate these answers. What is right for one municipality may not be right for another. I am confident that the Minister of Justice and the Minister of Health would work with their provincial counterparts to arrive at the right answers.

We recognize that the use of cannabis and cannabis products, as with alcohol and tobacco, is not without risk. We recognize that the risk is particularly heightened for our youth. That is why it is so crucial that we abandon the status quo, which has utterly failed to keep it out of the hands of our youth.

With this legislation, we would replace a failed approach to drug policy that makes it too easy for youth to access cannabis and provides easy revenue to organized crime with an evidence-based approach of strict regulation and enforcement that would make it much more difficult for youth to access. It would provide severe penalties for those who engage youth, and it would take a large cash crop out of the hands of organized crime.

I would urge those who want to keep cannabis out of the hands of our children to support Bill C-45. As a mother, the bill offers help we very much need.

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Madam Speaker, the literature is very clear on this. Lancet has stated that of young individuals who utilize marijuana, 60% have a lower chance of graduating from high school or graduating from university. The Journal of Neuroscience is also very clear. If people between the ages of 18 and 25 use cannabis regularly, they will experience structural changes to the brain.

The young people who were in our galleries today know the difference between drugs and what are not drugs. They know the difference between smoking and not smoking. They talk to me about that in my clinic all the time, because they know.

I also want to correct the record. The member stated that in the legislation, children would not be allowed to possess. Section 8 of the government's own legislation states clearly that 12- to 18-year-olds could possess.

My question for the member is simple. If individuals are allowed to grow plants, and they have children, and those children take cannabis from those plants, are their parents going to be arrested, or did you plan on regulating that?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I just want to remind the member that she is to address her questions through the Chair. It is not my legislation.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Madam Speaker, the status quo is not working. I am the mother of two teenagers, a 19-year-old and a 17-year-old, and I hear how easy it is for youth right now to access cannabis. It is easier for youth to access cannabis than tobacco or alcohol. With legalization, it would be controlled, and it would be difficult for youth to have access to cannabis.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I would remind members that when someone has the floor, that person has the right to be heard. I hope that if individuals have comments and questions, they will wait to be recognized.

Questions and comments, the hon. member for Calgary Shepard.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, the member for Scarborough Centre mentioned at the beginning of her speech that the goal of the government is to eliminate the black market. When we look at the preamble of the law, it does not mention that as a goal. It is not a stated purpose of this legislation. Speaking as a father of three very young children, the youngest born at the beginning of the 2015 election, I cannot think of an easier way for them to have access to marijuana than to allow every single household to grow four plants, with absolutely no real supervision.

How can the member say that this legislation would better protect children, having talked about high schools and how easy it is to get it today? This legislation would make it easier. How can we say that this would make it more difficult for children to obtain marijuana, when it would make it easier by bringing it directly into their homes?

[Salma Zahid, Liberal, Scarborough Centre, ON]

Madam Speaker, the status quo is not working. Through Bill C-45, our government would restrict access by youth and put in place strict safeguards to protect youth from being encouraged to use cannabis. It would create new offences for adults who either sell to or urge youth to commit cannabis-related offences.

As a parent, a mother of two kids, it is my duty to educate them about what is right and what is wrong. I do not drink or use tobacco, and I tell my kids what is right and what is wrong. They are not allowed to use alcohol because of their religion, but I cannot stop the shops from selling it because they should not have it.

[Alice Wong, Conservative, Richmond Centre, BC]

Madam Speaker, I rise today to discuss the proposed legislation in Bill C-45, related to the legalization of cannabis, more commonly known as marijuana.

Bill C-45 has been put forward on a rushed timeline. Many practical implications of Bill C-45 are to be decided by provincial governments. When implementing the bill, the Liberals are asking Canadians to trust them now and hope for the best later, a policy that will not work, like all of the other broken election promises.

Before I even begin my speech to outline my concerns with the policy put forward by the government, I would like to say that I do not believe the legislation would create sound policy for Canadians. Instead, we are being asked to sign a blank cheque on many regulation details to be decided later. The legalization of an illicit drug has a significant impact on all Canadians, and it is our duty to ensure that all Canadians are safe.

I will start with a bit of history of cannabis in Canada. Cannabis was first banned in Canada in 1923, under the Narcotic Drugs Act Amendment Bill. Other drugs on the list at the time included opium, morphine, and cocaine. I am glad those three are still on our current banned list. I do not know for how long though.

Cannabis use continued to steadily grow through the 1970s, 1980s, and 1990s, bringing us to today. Cannabis use is at an all-time high. According to a University of Waterloo report on tobacco and cannabis use in Canada, around one in five students between grades 7 and 12 has used cannabis. The majority of them used cannabis over the past year. I do not think any member would stand up in this chamber and say that this is a good thing. Indeed, these numbers should be going down. Passing the legislation would most certainly mean student usage of cannabis will go up.

Cannabis has been illegal since 1923 for many reasons, but one of the most prominent is that cannabis is a drug that has real and damaging health effects on those who use it, especially in the age range where brains are developing. We heard from my colleague, a physician, who just quoted some of the hard facts about medical research and the kind of harm our children and youth will face once they start using marijuana.

The softening of attitudes towards cannabis has not resulted in lower usage, or more importantly, lower usage among young people. Many more Canadians who do not currently smoke marijuana, or cannabis, are likely to start once it is legalized. The legalization of cannabis will not curb interest. Indeed, it will help to promote it, as evidenced by the states in the U.S.A., such as Colorado, that have legalized it.

I have many concerns with the bill, but I will start with the legal access to cannabis proposed in Bill C-45. The government has stated over and over again that the bill is aimed to protect children and young people from cannabis. The irony in this statement, however, is that by legalizing cannabis and actually providing legal backup for the production, possession, distribution, and use of cannabis, the bill would actually encourage cannabis to be used more.

Under Bill C-45, adults will be able to possess up to 30 grams of dried cannabis while in public. To put this in perspective, 30 grams would fit into a small bag of potato chips, so it is not a small amount.

In private, there is no prescribed limit. We can stockpile kilograms as long as we do not intend to distribute.

The bill goes even further to allow adults to grow and produce their own cannabis with up to four plants in their homes. The problem is that these plants are already in the home. The government wants to protect children, but it is allowing cannabis to be grown in the very space that is supposed to be safe for children.

I understand that the legislation includes a few parameters to ensure that it is not possible for any and every adult to produce cannabis. I also wish to clarify that I am not speaking in reference to the use and the need for cannabis for medical purposes. That is a different issue.

That being said, I am not confident that there are enough safeguards to ensure that the four-plant limit is not rampantly broken or disregarded. Allowing individuals to produce on their own will make regulation and oversight much more difficult for the government and our law enforcement.

This leads directly into some of the other regulatory concerns I have. How the government plans to effectively regulate cannabis production and consumption is not made clear in the present form of the legislation. In particular, the clauses concerning search warrants include provisions that would allow a warrant to be issued through a phone call, or would allow inspectors to open packages and enter buildings based on their belief that activities contravening the law are taking place. These provisions lack substance and practical process to assist law enforcement officers to determine when a search warrant is appropriate and how they are accurately able to predict violations.

Finally, in my home riding of Richmond Centre, I strongly campaigned against the legalization of marijuana and was re-elected because this is a view that many of my constituents share. They tell me their concerns. There are concerns about the awful lingering smell of smoked cannabis, but there are also concerns about obtaining housing insurance if a tenant decides to grow cannabis plants in the unit without the landlord knowing about it. Parents are concerned about the safety of their kids. There are so many unanswered questions about the real-world consequences of legalizing cannabis.

The bill represents a huge shift in policy and for our society, as a whole. I find it infuriating that a government that is so preoccupied with consultations on even the smallest of changes deems it appropriate to rush through this legislation.

One journalist commented that, “Trudeau Liberals are legalizing marijuana as if they're being forced to”.

The safety of Canadians, and particularly, our young people are—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. I just want to remind the member that she cannot name individuals who are in the House.

[Alice Wong, Conservative, Richmond Centre, BC]

Madam Speaker, I was quoting what the paper said.

I strongly encourage the government to slow down the legislation and get the regulatory framework in place. Hopefully, we can then bring together a more effective and secure piece of legislation.

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Madam Speaker, this is an important piece of legislation and one that I think many of us in the House, and Canadians, have struggled with. We are clearly not winning the fight when it comes to the issue of drug abuse in Canada, which is something that I was a part of for many years. I almost feel like we are giving up. However, the reality is that we have the highest cannabis use here in Canada among our young people. Bill C-45 is, hopefully, going to help us get a handle on that.

As much as we are uncomfortable with the direction in which we are going, what alternatives are there to supporting Bill C-45?

[Alice Wong, Conservative, Richmond Centre, BC]

Madam Speaker, the most important thing we have not done successfully for a number of years is education. Whenever we talk about prevention of drug use, there are always many things that we should have done. The whole reason we have an increased number of young people is, number one, the softening of the attitudes. Number two is that they do not see the actual damage done to their brains.

I would like to quote a real example of a neighbour whose house was what is called a grow-op. In the basement we could see mould and a lot of things, and then finally the police discovered it was a grow-op. Then when the school board looked at the kids living upstairs, above that very basement, all those students showed signs of being stoned, as if they were smoking grass.

My question, as a former educator, is this. We need to educate young people so that they will not even go there. If we encourage them to use it and give them even more access at home, how can parents guarantee that their own kids will not have access to those four plants?

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank my colleague for her comments, which help us all in thinking about this matter.

It seems to me that, from the very start, something fundamental is missing from this bill. I have a hard time understanding that after 18 months of study, nobody has come up with a standard THC level. That is the first important thing.

When the Liberals manage to get organized crime out of the schoolyard, as they say they want to do, what will organized crime offer other than a superior experience to what could be sold on the market? Nobody has even come up with the THC level of the product that will be legalized.

Could my colleague comment on that?

[Alice Wong, Conservative, Richmond Centre, BC]

Madam Speaker, I think the most important thing is not even “have our kids tried that?” That is the safest thing. Looking at the drug to see if the quality of the drug is good or giving the best cocaine to the people at the injection site, this is following the same argument. That is not the right way to deter our students, our young people, from taking this very harmful drug.

My policy would be to not even go there. The current legislation actually would encourage and make it so much easier for our young kids to have access to drugs, not even talking about marijuana cookies, not even talking about how these kids can trade among themselves. These are very real issues, but the legislation would not be able to stop that.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, it gives me great pleasure to rise in the House today to support Bill C-45, the cannabis act. This bill represents not only a fulfillment of a large campaign promise to Canadians but a meaningful step forward in protecting our youth and ensuring a safer Canada.

In 2012, 20% of youth aged 15 to 17 reported using cannabis in the previous year. This is an unacceptable statistic as it is harmful to our youth. In my riding of Don Valley East, I represent a large youth population. As government we have a duty to ensure that cannabis stays out of the hands of these constituents.

Bill C-45 would establish criminal prohibitions on the sale or distribution of cannabis specifically to young persons. This is the first time in Canada that a specific criminal office for selling cannabis to a young person has been created. The bill would create two new criminal offences, with maximum penalties of 14 years in jail for giving or selling cannabis to youth, or using a young person to commit a cannabis-related offence.

There is also strict legislation designed to prevent youth from using cannabis. Under the act, any kind of labelling, packaging, promoting, advertising, sponsorship, or endorsement that could entice young people to use cannabis, or make cannabis appealing to youth carries a heavy penalty. This includes a fine of up to $5 million and/or three years in jail.

A large problem with the current status quo is that it does not protect youth. As we have heard, there is a large number of young people who have had their lives irreparably damaged by minor cannabis possession charges. Cannabis possession is the fourth most frequent crime committed by youth in Canada.

Bill C-45 would seek to avoid subjecting youth to the lifelong consequences of a criminal record. Individuals under the age of 18 years would not face criminal prosecution for possession or sharing very small amounts of cannabis, and any violation of that act by youth would be subject to the youth criminal justice system. On top of these measures, our government has committed $9.6 million over five years to a comprehensive public education and awareness campaign designed to inform Canadians, including youth, about the risks and harms of cannabis use.

In 2012, 33% of people aged 18 to 24 reported using cannabis in the previous year. Currently, cannabis procurement is a very dangerous activity. It involves contacting criminal dealers or visiting illegal pot shops, arranging secret cannabis buys, and worrying about the content of the drugs. There is a serious issue with the cannabis that is currently in circulation that has been combined with other potent drugs or has an abnormally high THC content. While overdosing from cannabis is not likely, an impure form of cannabis can lead to an extremely unpleasant reaction to the drug.

Bill C-45 would allow those who are regular consumers, and those who are looking to experiment to consume safe and regulated drugs. It would also allow for the government to regulate the sale and production of these drugs, taking the profits out of the hands of criminals. In 2013, 67% of police-reported drug offences involved cannabis, and of those, 80% were possession offences.

The current criminal justice system is overrun with people who committed non-violent possession crimes. The bill aims to eliminate this burden, thereby allowing our justice system to be more effective in protecting Canadians.

The regulations introduced in the bill include the legal possession of up to 30 grams of cannabis when in public, the purchase of cannabis from regulated retailers, and the growing of up to four cannabis plants per residence. This would ensure that the cannabis market is safe and secure. New regulations on minor possession would also allow our police forces to focus on the important work of keeping cannabis out of the hands of our youth, and the proceeds out of the hands of criminals.

The bill represents political co-operation to the utmost extent. All three levels of government, municipal, provincial, and federal, worked together, along with private Canadian citizens, to ensure the best possible legislation that will protect Canadians.

I would like to congratulate the task force on cannabis legalization and regulation for its hard work. Through its tireless work, engaging in cross-country consultations with all levels of government, as well as experts, patients, advocates, indigenous governments and representative organizations, youth, employers, and industry, it provided meaningful advice on this new legislative and regulatory framework.

The proposed cannabis act would create a strict framework for controlling the production, distribution, sale, import, export, and possession of cannabis in Canada.

I am proud to tell the members of my constituency, many of them youth, that the government they elected is truly working for them. I am proud to tell them about the immense amount of work that our government did and is doing, above and beyond, to fulfill the campaign promises that many Canadians feel so strongly about. I am confident that the cannabis act will lead to a safer and better Canada.