Cannabis Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2012) Law Jobs and Growth Act, 2012
C-45 (2010) Law Appropriation Act No. 3, 2010-2011

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

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:40 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I rise today with other members to share my personal experience and what it has shown me, as well as what experts have told many members of the House, which is that the decision to legalize marijuana is being rushed and that it is the people of Canada who will pay the price.

I support efforts to decriminalize possession of small amounts of marijuana, which would free up our courts and reduce the law enforcement resources otherwise required, and prevent persons with minor possession offences receiving a criminal record. Those minor offences could be dealt with by way of a provincial procedures act ticket and a fine. However, legalizing marijuana is a move in the wrong direction, in my opinion.

As I have said before, it is the top priority of members of the House and elected officials everywhere to place the safety and security of Canadians first. I expect nothing less of my colleagues on either side of the House.

Instead of helping, the bill would place an extra burden on provinces, municipalities, and police agencies. It could potentially allow organized crime to use legitimate licensing for trafficking. It would put the health and safety of Canadians at risk. It would jeopardize the development of our youth. It would increase the mental health of those who are most at risk and, subsequently, the demand on mental health services. In addition to these problems, there will be significant red tape and taxes, a theme of the current government as it makes life more difficult for the middle class and those working hard not to leave it.

I would like to address a few of the public misconceptions about marijuana before I address the government's misaligned agenda. Canadians often believe that marijuana impacts users much like alcohol. However, in speaking with experts, we know that marijuana takes seconds to impact the brain. The user feels and exhibits the effects immediately. That means that impairment can begin seconds after use. The peak effects are reached within 10 to 30 minutes. Marijuana users feel and exhibit the effects of marijuana for two to three hours. They feel normal again after three to six hours. However, when that feeling ends, unlike alcohol, the impact of the drug continues. It can take up to 24 hours for the effects of marijuana to stop impacting critical functions, depending on the strength of the THC in the drug and the frequency of use.

What are those critical functions? First, obviously, marijuana use is dangerous, as the user or others interacting with them do not recognize the impairment. Marijuana use has an impact on the complex system of critical thinking skills and reflexes. It impairs perceptions, like balance, motor coordination, reaction times, and it narrows the vision. It also delays decision-making. All of these things would have a broad-ranging negative impact on everyday life in Canada.

I asked my constituents for feedback on this issue over the summer. The results were overwhelmingly opposed. Eighty per cent of my constituents surveyed opposed legalization, 73% saw it as a threat to our public safety, and 75% said it would be an added cost to taxpayers in the years to come.

Listening to my constituents and the evidence of experts, I know that voting against the bill is the right thing to do. Many in my riding and across the country question the government's decision to rush the legislation forward, given that the Canadian Police Association and many others are urging patience and preparation. It would seem reasonable that good policy-making would make sure that all the necessary tools and research were in place first before moving forward, and yet we hear loud and clear from the police, provinces, and municipalities that they are just not ready.

The government has failed to address numerous issues around policing and how this legislation would work. First is the issue of how officers would manage drivers impaired by drugs such as marijuana. The chiefs of police have noted that 6,000 officers would require a three-phase training program that could take up to 100 days to complete, and yet there is not nearly enough time to complete all of that training before next July.

We know today what the legal limits and impacts of impairment related to alcohol are, and there are clear guidelines and testing for that. However, we do not have a clear idea of the impact of marijuana. With the potential 24-hour period in which impairment could exist, how will testing take place at roadside? There are a limited number of officers and equipment that could be deployed, if we have detection that is going to be court approved.

What if drivers have consumed both alcohol and marijuana? As experts pointed out to me, they may be able to pass a drug test and an alcohol test, but the two substances combined will mean significant impairment. In fact, smoking marijuana can increase impairment by 28% when combined with alcohol.

As pointed out by the Insurance Institute of Canada, there are disconnects been drug-impaired driving arrests and convictions. There is a precedent. An Ontario man was recently acquitted twice of drug-impaired driving because the evidence was deemed inadmissible. Consequently, police need time and equipment to get ready for legalization. We need research to know what the limits should be and how the testing needs to be accomplished. The risks are real. Thanks to the statistics from Mothers Against Drunk Driving, we know there were more roadside fatalities due to drugs than to alcohol in 2012, but almost all convictions remain alcohol related.

Canadians are left to wonder if insurance companies are ready for the challenges and their customers are ready for the increased fees. Legalization would most certainly impact business, automotive, and private health care coverage. Drunk drivers face an immediate cancellation of their policy. We can guess the same may be true for marijuana users, but do users and insurers know about this drug's 24-hour impact, including impairment? In workplaces, would an accident caused by a worker impaired by marijuana impact the owner's personal liabilities? Would a workplace accident mean that the company could not get insurance any more or would have to pay hefty premiums? If marijuana is legal, can workers be punished for being high at work? Has the government thought through these ramifications and potentially increased costs for Canadians?

Most Canadians would be surprised to learn that the government has listed protecting youth as a reason for advocating and advancing this legislation. Governments have worked for over three generations to reduce smoking, a major killer in Canada. Recently, the use of marijuana by youth between the ages of 15 and 24 has dropped to 24%, yet today we are introducing access and conditions to allow more youth to use this addictive substance.

Changing the law to allow households to grow their own marijuana would undermine the government's intent of limiting access by youth. Putting plants in homes provides an opportunity for easy use. Allowing youth aged 12 to 17 to possess less than five grams of marijuana, which is 10 joints, would make it easier for them to acquire and possess the drug. To suggest that access would drop seems absolutely ludicrous. For youth aged 12 to 17, possession should be zero, not up to five grams. Marijuana is addictive and its use is linked to increased psychotic illness in those who are vulnerable. By making it accessible and readily available to our youth, we would decrease the possibility for success of our next generation. Can we learn nothing from today's opioid crisis? Teenagers are being hurt and killed by the illegal manufacture and distribution of this substance. How would legalization help our youth today?

Finally, I need to comment on the government's commitment to shift money away from organized crime by legalizing marijuana. Tackling organized crime does not involve making the criminals' activities legal and regulated. Legalizing gambling did not eliminate the mafia in Nevada and it did not stop the Hell's Angels in Canada from obtaining a permit to grow marijuana here and then sell it illegally. These are not simple, small organizations. They are complex and multinational, with extensive resources. To quote the government's own 2016 documents:

As the experiences of other jurisdictions and of the regulation of alcohol and tobacco in Canada have shown, regulating a substance does not automatically remove it from illicit markets as evidenced by importation and sales of contraband tobacco.... Given the degree to which organized crime is currently involved in the marijuana market, they could continue to produce marijuana illicitly and may attempt to infiltrate a regulated industry.

In conclusion, the government has said it is embarking on this path of legalizing marijuana to protect our youth, reduce the burden on the justice system, and reduce the flow of organized crime and money. The testimony and evidence suggest this bill would fail to deliver on all of these objectives. The question remains, will the government listen to the many groups pointing to the clear problems? Will it listen to police and to its own officials? Will it listen to those in the communities saying this is a bad idea?

It is rushing the process and it goes against the recommendations of police and medical professionals. It is our youth, our most vulnerable population, who would pay the price because of the current government's incompetence.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:45 p.m.

Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, I have to say I am a bit confused. If I understood my hon. colleague's basic presentation, the status quo should remain. Right now, marijuana is ubiquitous in our society. Our youth are some of the heaviest users of marijuana in the developed world, so in his own riding right now people are driving drug-impaired, people are consuming cannabis whose source and contaminants they do not know, and the police are under-trained and under-equipped to deal with these problems. Our government has committed $274 million to support law enforcement, including $161 million for training front-line officers to solve these problems today. We are investing significantly in education to make sure that youth understand the risks and the hazards of marijuana use, and we are taking active steps to get marijuana out of the hands of youth.

Why would the member be so happy with the status quo when there are known abusers in his own community?

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:50 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I am not proposing the status quo, but decriminalization of minor possession. I support the whole concept behind giving police extra powers and the opportunity to do drug testing with the proper equipment.

My concern is that the government seems so intent on rushing the legislation with a magic deadline of July 2018 that no one is ready for this. I do not support the legalization of marijuana at all, but if the government is so intent on legalization, it should at least attempt to put in place the mechanisms and equipment and training ahead of time before we get an onslaught, because it will affect public safety. It would be naive to suggest that we are all going to be ready by July 2018 and that everything will be fine because we are all going to have it under control. That is a little fairy tale, to be honest.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:50 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, one of the points of clarification I would like to have is regarding something that is important to border ridings like mine. Here I refer to the issue of criminal records and continuing criminalization of possession. Say, for example, I represent a number of truck drivers who were caught with marijuana at 16 or 17 years of age and charged with a federal criminal offence, which in now on their record. They have gone through the rest of their lives with no other records but still have this one hanging over them. This is causing problems at the border despite the fact they drive for one of the big three and have no other record.

Would the member and the Conservative Party support decriminalization and pardoning of these people so that those records from something that might have taken place 20 or 30 years ago do not cause unnecessary traffic tie-ups at the border and problems for someone who has had no subsequent criminal record? For these cases, would the Conservatives support making sure that those individuals no longer have a criminal record?

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:50 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, there is a mechanism that exists in law today whereby anyone convicted of a criminal offence can apply for a pardon. My suggestion would be that individuals whose previous records create problems for them in their occupation when crossing the border, and for their employment generally, should apply for a pardon.

It would be irresponsible for any government to suggest that we completely wipe away the records of the past. When these offences were committed five or 25 years ago, it was the law of the land. People in that day made a choice to commit an offence and they live with the consequences of those criminal offences.

Moving forward, as I said at the onset of my presentation, I firmly believe that we can lighten the load on our courts. We can make things easier on our law enforcement resources and can decriminalize the minor possession of small amounts. The latter could be subject to a fine or be dealt with as a provincial procedures act offence and not result in a criminal record. For those who might not understand how the provincial offences procedures act works, it could be dealt with much like a speeding ticket. We can eliminate criminal charges for minor offences.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:50 p.m.

The Assistant Deputy Speaker Anthony Rota

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Vancouver East, Immigration, Refugees and Citizenship; the hon. member for Regina—Lewvan, Infrastructure; and the hon. member for Windsor West, The Environment.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 4:55 p.m.

Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, I am honoured to rise and speak in support of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code, and other acts.

The principal objectives of the bill 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 on those operating outside the legal framework. My constituents of Oakville have expressed that these concerns need to be addressed and Bill C-45 does exactly that.

As a member of the Standing Committee on Health, I would like to report the committee undertook a comprehensive review of this legislation. We took a focused week, meeting for five full days to hear testimony from a wide array of individuals and groups. We heard from over 100 witnesses on this legislation. Witnesses ranged from lawyers, law enforcement, department officials, tenant associations, community groups, activists, medical professionals, researchers, producers, retailers, and provinces. This built on the work of the Task Force on Cannabis Legalization and Regulation, which travelled for six months and received over 20,000 submissions. The committee heard from most witnesses that they supported the direction the government was taking with Bill C-45.

Based on this background I would like to focus on why a new approach to cannabis is needed, why we need to act now, and how well suited we are to moving forward.

The evidence is clear. The current approach is simply not working. All that we have managed to achieve is to criminalize Canadians for possessing small amounts of cannabis, encourage Canadians to engage with criminals, and require Canadians to consume products of unknown origin, potency, and quality. It has also allowed criminals and organized crime to profit.

The committee heard quite clearly that the current model has not protected our youth. Despite the prohibition that has been in place for decades, Canadian youth use cannabis at some of the highest rates in the world.¸

We cannot allow this to continue. A new approach is required as soon as possible to better protect youth and to make sure that adults have access to products that are quality controlled, have a known origin, and no longer run the risk of having a criminal record for possessing small amounts.

During the committee hearings, Mr. Ian Culbert, the executive director of the Canadian Public Health Association, said:

Unfortunately, we don't have the luxury of time, as Canadians are already consuming cannabis at record levels. The individual and societal harms associated with cannabis use are already being felt every day. The proposed legislation and eventual regulation is our best attempt to minimize those harms and protect the well-being of all Canadians.

That is why our government is committed to bringing the proposed legislation into force no later than July 2018.

Upon the coming into force of Bill C-45, Canadians who are 18 years of age or older would be able to possess, grow, and purchase limited amounts of cannabis for personal use. This would mean that the possession of up to 30 grams of cannabis in a public place would no longer be a criminal offence.

The bill would, for the first time, also make it a specific criminal offence to sell cannabis to a minor and create significant penalties for those who engage young Canadians in cannabis-related offences.

Canada is more than ready for a new approach that would better protect the health and safety of Canadians. Our existing model that provides access to cannabis for medical purposes is recognized as one of the best in the world.

Let me tell members more about some of the features of that system that we can build on.

Under the existing regulations that have been in place since 2014, Health Canada is responsible for licensing and overseeing cannabis producers. These producers are required to operate within the regulations to provide quality-controlled cannabis to registered patients. This rigorous licensing process ensures, for example, that entrants to this market have gone through a thorough security check and that producers have appropriate physical security infrastructure around their facilities.

Canada also has a world-class compliance and enforcement regime intended to ensure that licensed producers fully comply with the rules in place. Over the course of last year, a licensed producer in Canada was inspected an average of seven to eight times for a total of approximately 274 inspections.

In May 2017, Health Canada announced that it would require all licensed producers to conduct mandatory testing for the presence of unauthorized pesticides in all cannabis products destined for sale. This adds to the system of controls in place that oversee the quality of federally regulated cannabis products.

The commercial industry now has more than four years of experience and serves over 200,000 active patient registrations. This licensed production under the existing medical regulations provides a solid basis to support recreational cannabis production under this legislation.

Industry representatives have indicated that they are getting ready to support the timely implementation of the new regulations and to ensure that high standards are met in the production of regulated product.

The committee also heard that while the government has been working very closely with provinces, territories, and municipalities to support the implementation of the new framework, more work is needed. The collaboration will be critical to ensure that all levels of government are ready to support the new legislation.

We were pleased to note that progress is being achieved by our provincial and territorial partners in developing their respective approaches. Provinces and territories have a key role to play in the success of the new system. They are responsible for the oversight and regulation of the distribution and retail sale of cannabis.

The timely passing of this federal law is important to provide clarity to our provincial and territorial partners. In circumstances where provinces or territories do not have a functional retail system at the time of coming into force of the bill, adults would be able to purchase cannabis directly from a federally licensed producer by ordering online with secure delivery at home by mail or courier.

A representative for the Cannabis Canada Association, Colette Rivet, pointed out:

Licensed producers are eager to work in collaboration and compliance with the federal and provincial governments to quickly establish effective, low-risk distribution and retail models that are well regulated, highly secure, and tailored to the needs of each province.

Upon the coming into force of the bill, adult Canadians would have access to a range of quality controlled products including dried cannabis, fresh cannabis, and cannabis oil, which could be consumed in a number of different ways including smoking. The committee heard from health groups that limiting legal cannabis to forms primarily suited to smoking had negative health impacts. They identified the need to permit the legal sale of edible cannabis products as part of the federal framework as soon as possible.

The committee also heard expert testimony that experience in other jurisdictions, such as Colorado, underlined the unique health and safety challenges associated with edible products.

It is important that the government takes the time to enact appropriate regulatory controls to address the health and safety risks posed by edible products. In this regard, I was pleased to introduce an amendment to Bill C-45, which clarifies the timelines for the government to develop regulations and legalize the sale of edible cannabis products and cannabis concentrates.

The amendment stipulates that the sale of edibles and concentrates would be permitted no later than 12 months following the coming into force of Bill C-45. Under this proposed timeline, the government would have the time to safely develop regulations and mechanisms to put these edible cannabis products on the market correctly.

I think it is important that we let Canadians and the industry know that we are listening and that these products will be coming. However, we must heed the advice from other jurisdictions, get this right the first time, and not put the health and safety of Canadians at risk.

As I mentioned earlier, one of the purposes of Bill C-45 is to prevent youth from accessing and consuming cannabis. Yesterday, the government announced a $36.4-million investment for cannabis education and awareness campaign aimed, in particular, at Canadian youth, to ensure that they understand the health and safety risks of using cannabis. Young Canadians need to know the facts.

The bill contains a range of provisions that would restrict promotion or packaging that could make cannabis appealing to youth. For example, the bill would ban the advertising and promotion of cannabis, except in limited and restricted circumstances, as well as set out requirements for packaging and labelling of products.

As I have outlined, protecting the health and safety of Canadians, and most importantly the health of our youth, is at the centre of the government's approach to legalizing, regulating, and restricting access to cannabis.

The Government of Canada is committed to a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy, which uses a public health approach when considering and addressing drug issues. I believe that is consistent with the wishes of the people in my riding of Oakville. I am confident that this public health approach, which focuses on reducing harms and risks of cannabis, rather than on criminalizing Canadians for possession, is the best path forward.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:05 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I would like to thank the hon. member for his work on the health committee.

He talked about how the Liberal government decided to delay the introduction of edibles by a year because of the health and safety risks. Why would the Liberals be willing to delay and slow down when they recognized the risks? They said they will follow the advice from other jurisdictions about public awareness and education before legalization, that police need to be trained, and that provinces and territories should be ready. While these things have been announced, they are not in place.

Will the government delay the implementation until it is ready to address the health and safety risks?

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:05 p.m.

Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, I congratulate the hon. member for her excellent work on the health committee as well.

We heard very clearly from other jurisdictions such as Colorado and Washington that tried to introduce legalized cannabis and edibles at the same time, that it had been a major mistake for them. They highly recommended we go slowly with edibles. There is a whole other set of laws, regulations, and requirements around the safe production of edible products. The best advice we had from experts was to move forward with legalization in slow, steady steps, and add the edibles at a later date when we are ready. We really were following the best advice from the experts we heard from at committee.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:05 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague for his speech in the context of this debate. I would like to talk about how the government has treated the provinces throughout the marijuana legalization process.

Does my colleague think that the provinces' reaction to his government's marijuana legalization agenda and the burden they will have to bear in terms of regulation, distribution networks, and costs to the health care system are appropriate?

Does he think the government is going in the right direction? What does he think is the best way to resolve this situation, which the provinces see as problematic?

Here in Ottawa, we are amending the Criminal Code, but the provinces feel that it is all moving too quickly and that they will not have enough money to deal with the tremendous burden being downloaded onto them.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:05 p.m.

Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, at the provincial level there is the bill, which looks to the province to regulate distribution and retailing of the product. However, if a province or territory is not ready at the time the bill comes into force, as I said in my remarks, in those provinces or territories Canadians will be able to procure directly from licensed manufacturers through online systems and receive products confidentially by post. That is exactly the model we use across Canada today for medical marijuana.

The government campaigned on this in 2015. The task force travelled for six months, and their recommendations have been out for at least a year. The draft legislation has been before the provinces and territories for some period of time now. Some of the provinces and territories are already responding and making good progress on this, and others are still working through the situation. There will be a legally available retail distribution model available at the federal level if a province or territory is not ready when the bill comes into effect.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:05 p.m.

Gatineau Québec

Liberal

Steven MacKinnon LiberalParliamentary Secretary to the Minister of Public Services and Procurement

Mr. Speaker, I thank my colleague from Oakville for his excellent speech. He is a member of the House of Commons Standing Committee on Health, and he spoke about what has happened in Colorado and Washington.

Could he elaborate on the experiences the committee analyzed and studied in order to inform its recommendations prior to putting them forward?

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:10 p.m.

Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, the biggest sound bite I can give from the expert testimony from Washington and Colorado is that they have moved organized crime out of the business. Close to 80%, 70% to 80%, of the product sold now in those states is done through licensed control distribution methods, as we are proposing here in Canada, and organized crime is being pushed out. The advice we are taking in this bill follows exactly that advice, and I think it is the right course of action to get organized crime out of our neighbourhoods.

Motions in AmendmentCannabis ActGovernment Orders

November 1st, 2017 / 5:10 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, I am very proud to rise in the House today to speak to Bill C-45.

As a pediatric surgeon, I spent most of my professional career putting children back on the playground to play. This bill does exactly the opposite of taking care of kids. This bill will make it easier to put marijuana in the hands of Canadian children. Liberals like to talk about evidence-based decision-making, and the importance of science. The science on this issue is clear: marijuana is a dangerous drug for our young people. It affects their developing brains.

We know that children's brains develop until the age of 25, and that marijuana can have an impact that is negative on that development. The results lower graduation rates from high school, fewer opportunities as adults, as well as high rates of mental health challenges. These are the evidence-based facts.

I accept that in limited circumstances marijuana can and should be prescribed by a qualified physician for purchase in a pharmacy for those who need it for medical purposes, whether that be someone with cancer, or a veteran with PTSD. However, as I stated earlier, I disagree with the Liberal government's proposed legislation. The government should be working on making sure marijuana is less accessible to our youth, not increasing its availability.

I have had the opportunity to meet with children in clinic regularly, and as a parliamentarian. I am always amazed at how well informed they are about current issues. Young people know about the proposed changes, and the reaction has been clear. They say they do not understand, as they have been told not to do drugs, but now want to know if they can do this drug.

Young people know that marijuana is a drug. They know that it is dangerous for them, and yet we now have a government that is telling young Canadians that using drugs is okay.

After years of respecting the science, and telling kids that drugs are harmful for their growing bodies, the Liberals are simply throwing these evidence-based facts out the window. Kids are confused. They know that marijuana is bad for their health, but they are now wondering if it is okay to do this based on the messaging from the government and the Prime Minister.

These are the kinds of messages Canadian parents do not want portrayed to their kids. Leaving aside the mixed messages the government is sending out to youth, as a physician I want to focus on the science of this issue.

Human bodies develop continually into their 20s. As I mentioned earlier about the science, the brain experiences the same development schedule until the age of 25. We do our best to ensure that youth are making healthy choices for their developing bodies.

Giving kids access to marijuana in their homes and throughout society is putting them in danger.

Let us begin with some disturbing statistics. The Canadian Centre on Substance Abuse reported, in 2013, on the Canadian tobacco, alcohol, and drug use survey that 10.6% of Canadians aged 15 and older reported cannabis use in the last year. It also reported that cannabis use is generally more prevalent among young people, with 22% of youth from 15 to 19, and 26% in young people 20 to 24. Approximately 28% of Canadians aged 15 and older, who used cannabis in the last three months, reported daily use.

In addition, in 2014, a study published by The Lancet found that youth who utilized marijuana on a regular basis have a 60% lower chance of graduating from high school or university.

Fergusson, in a 1996 study published in the Journal of Abnormal Child Psychology; Ellickson, in a 1998 study in the Journal of Drug Issues; and Lynskey, writing in the journal Addiction in 2003, all found a strong and direct correlation between the increased use of marijuana in teenagers and an increase in dropout rates in high school.

Talk about limiting the opportunities for young Canadians in the future. Let us give them marijuana, so they can dropout of school.

Gilman, writing in The Journal of Neuroscience is also very clear on the impacts of marijuana on the developing brain. In a study published in 2014, Gilman demonstrated that people between the ages of 18 and 25, that used cannabis on a regular basis, will experience structural changes to the brain.

These are not temporary changes that happen when people are high. These are permanent structural changes to their brains for the future, which correlate with the negative impacts that I have been talking about.

The Canadian Medical Association has done some excellent work compiling and conducting research on marijuana use. It includes its submission to the government's 2016 task force on cannabis legalization and regulation. It talks about its long-standing concerns of the health risks to Canadian youth, given that their brains are undergoing rapid and extensive development. The CMA has also noted that the lifetime risk of dependency on marijuana is estimated at about 9%. That means about one in 10 Canadians, who use marijuana, has a chance of becoming dependent, with all of the serious negative health ramifications and social consequences of this drug use.

The CMA went on to further note that the risk of dependence actually doubles to 17% if this is initiated in adolescence. Again, we see that the earlier children start to use marijuana, the higher the chance of addiction, and the higher the chance of lifelong structural brain changes. Further, the CMA has also warned Canadians of the increased risks of anxiety, depression, and schizophrenia in marijuana users, particularly among youth. Those who are already prone to psychosis, for example, if they have a family member suffering from a psychosis, are especially at risk of developing psychosis with cannabis use.

Andreasson's extensive 15 year follow-up study of over 50,000 men, published again in The Lancet, reported that those who tried cannabis by the age of 18 were two to four times more likely to be diagnosed with schizophrenia than those who had not. The study further estimated that 13% of schizophrenia cases could have been averted if cannabis use had been prevented. Just imagine what would happen if we did not allow children to have access to marijuana, as this legislation would allow. Do we want to protect Canadian kids?

There is also a public safety concern with this legislation. First, regarding young people, cross-Canada student alcohol and drug studies show 13% to 21% of students who try this are actually driving within an hour. Hall found, in his study in 1994, that short-term memory, attention deficits, motor skills, and reaction times are impaired while intoxicated with cannabis, but the evidence shows, and it is no surprise, that associated with this is a higher risk of motor vehicle accidents.

These are serious situations that place individuals and the public at risk. However, despite this substantive evidence, as I have outlined in multiple journals so far, the Liberals are pushing ahead with this legislation.

Now let us look at some additional evidence from Colorado, the state that was mentioned earlier. This includes a rise in traffic-related deaths, increased hospitalization, and cyclical vomiting syndrome. Most disturbing are the overdoses in children due to marijuana use in edibles, and those that are accidentally ingested. Negligence by caregivers is leading to increased overdosing in kids.

I wonder how many young people might have access to marijuana now that it is being grown in their own homes. Save for these shocking facts in Colorado, all of this research has primarily been done in places where this is actually illegal, not legal. I shudder to imagine how those statistics will escalate with this legislation.

Now the Liberals will say that this is not going to happen, and that this approach is better for children. I completely disagree.

As this legislation states, children would be allowed to possess, and parents to grow marijuana in their homes. Access would be easy, and that access is harmful to young Canadians. Young Canadians and children know they should not do drugs, and there is good reason for that. We do not allow children aged 12 access to alcohol. We spend millions of dollars telling children not to do drugs. Why is our society flip-flopping now? It is because we have a Prime Minister who has to justify his own use. By doing this, he is putting all Canadian children at risk.

I encourage all members of the House, especially those in the Liberal Party opposite, to have a hard look at the science and their consciences, because they are putting the children in their own ridings at risk with this legislation.

The House resumed consideration of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as reported (with amendment) from the committee, and of the motions in Group No. 1.