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 7th, 2017 / 6:45 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I just got off the telephone with the head of the Alberta Urban Municipalities Association, the mayor of Morinville, Mayor Lisa Holmes. I asked her whether the question that came from the opposite way was true, that she opposed this bill. She does not. In fact, she said she wanted it passed faster, so municipalities can start to get the bylaws and enforcement process in place. She also mentioned that she has had several consultations with our government, including the parliamentary secretary on this file.

Members from the other side put up these sort of pretend arguments, reefer madness 2.0 perhaps, about the responsible and fundamentally important way we are regulating and legislating cannabis. As all this happens, they pretend there are mayors and municipal associations that oppose us, when quite frankly, they do not. All they have to do is talk to them and they will get that message. When they hear all of this, is there someone else they would like us to make a telephone call to, to contradict everything they have to say?

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I know the downtown, big city mayors get plenty of infrastructure money, so they may have money left over for the increased policing costs, but there is not a mayor, reeve, or even warden of our county who supports this legislation.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order. I am very fortunate, sitting next to the hon. member, that I can hear her very well, but people sitting at the back, I am sure, are having a hard time hearing, because of the bantering that is going on. I want to remind hon. members that we do have rules. Please stick to them. It is nice to see both sides getting along, so maybe just come together and sit on one side and whisper, rather than yelling at each other across the floor.

I will let the hon. member finish her response.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, before this terrible law reared its head, municipalities were facing 200-fold increases in their policing costs. They cannot afford to have more police hired just for the sake of policing this new law.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I thank my colleague for her contribution to the debate, which I consider to be extremely important. It is dividing Canadians much more than the government wants to admit, because it refuses to acknowledge that anyone might have concerns about one of its policies.

The Liberals think they have all they answers and are always right. They are the natural governing party, after all, so they come up with this great legislation on pot, and everything is going to be sunny ways, and everyone is going to smoke pot, and everything is going to be so awesome, and there will be no more organized crime, and young people will be protected and can smoke their joints in peace. That is not really how it is going to work though.

They tell us that everything will be easy and everyone is okay with this. Not so. Not in Quebec, anyway. The government is going to hold its own consultation. Many surveys have shown that people in Quebec are concerned.

You do not want to hear about their concerns. You just want to carry on and keep your little promises. Another very worrisome thing is the money that you are getting from your friends at the cannabis production companies.

You are laughing because you think you are above suspicion, but the truth is that you are just spinning this the way you want. The truth is that you are dragging the entire country into a war—

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order. I would remind the hon. member to address his comments to the Chair. I am sure that he was not addressing them to me, but rather to the members opposite.

The hon. member for Longueuil—Saint-Hubert.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I used the word “war”, but it was not the right word. The Liberals are dragging the entire country into a series of distressing consultations.

Does my colleague not have the impression that she is having to face a big communications campaign plagued with problems and that the government across is hurrying to raise funds for its own election bank?

Cannabis ActGovernment Orders

June 7th, 2017 / 6:45 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I agree. The Liberals are spinning, rolling, whatever they do with the marijuana to enrich their friends. In fact, this is what happened in Ontario all over again. First, it was big contracts to wind turbine owners, one of which happened to be the president of the Ontario Liberal Party at the time. They awarded all these contracts, and our constituents, as a consequence, have to pay far more per kilowatt hour for hydro.

All this is doing is enriching the Liberal Party's friends by providing them with the contracts and the grow-ops. That is how they are making the money. Because they are Liberal friends and well connected, they get the permits. In turn, when the profits start coming through, they will be making donations to keep this party going.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:50 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am happy to rise today to speak to this important piece of legislation, a bill that would legalize and regulate the possession and sale of marijuana in Canada.

The NDP has been calling for the decriminalization of marijuana for 45 years. We support the legalization of marijuana as long as it is not marketed to children, as long as it generates reliable funding for public health programs, prevention, the treatment of addictions, funding for health research, and an effective impaired driving strategy.

Since the impaired driving piece is dealt with in a separate bill, Bill C-46, I will not say anything more about that. It certainly has been something that RCMP members and other concerned citizens in my riding have impressed on me as an important part of this project.

We in the NDP support the legalization of marijuana primarily because its criminalization has been a failed policy. The possession and use of marijuana has been illegal in Canada since 1923, but what has that accomplished?

I would like to point out some facts. About 30% of Canadian youth have tried cannabis by the time they are 15 years old. Some 12% of Canadians over the age of 15, that is over two million Canadians, have used marijuana in the last year. Through my door knocking experience in South Okanagan--West Kootenay, I would back that up. Use in my riding may well be higher than the national average. There were over 100,000 drug offences reported in Canada in 2014, and two-thirds of those related to marijuana. That is over 60,00 drug offences with regard to marijuana in one year.

The present law regarding cannabis has done little or nothing to stop young people from using marijuana. It has given thousands of Canadians criminal records, and has created a huge underground economy, much of it dominated by gangs and organized crime. It is clear that the status quo is just not an option.

At the moment we are in a state of purgatory around marijuana legalization. The Liberals promised legalization in the last election. They were elected 18 months ago, so Canadians have been anticipating the legislation since then. Despite that, people are still getting criminal records for simple possession.

More than 15,000 people have been charged for marijuana possession since the Liberal government took office. Now it is clear the government will not complete this action for another 15 months, and thousands are still suffering under their criminal records. These records severely impact people's lives. They have trouble getting jobs and finding housing. They cannot travel across international borders.

The NDP is calling for pardons for all Canadians who have criminal records for the simple possession of marijuana. This bill would legalize marijuana for that purpose, and the lives of thousands of people have been tainted by these criminal records. We are calling on the government to implement an interim policy of decriminalization so that no more Canadians will receive criminal records for something that will be legal within months. These actions impact young people disproportionately, young people who will face a lifetime of difficulties if they are convicted of simple possession.

These actions also fill our courts with pointless prosecutions. Even the Liberal Party of Canada website states that “Arresting and prosecuting these offenses is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.”

These pointless prosecutions add significantly to delays in the court system, sometimes to the point of serious cases being dismissed. Since the Jordan decision on trial delays last July, over 800 accused criminals have been freed simply because their trials were taking too long, some of them charged with murder. Filling the courts with marijuana possession cases only exacerbates this unacceptable situation. Again, the NDP supports legalization, and calls for immediate decriminalization for the possession of small amounts of marijuana.

I want to cover a few points on what the bill sets out regarding legalization and regulating marijuana.

First, it says that adults over the age of 18 could possess up to 30 grams of dried cannabis and grow up to four mature plants in their homes. As other people have pointed out, there are regulations around the size of those plants.

Provinces, of course, would be free to set a higher age limit. An obvious strategy would be to harmonize the age of use with the age for alcohol in a province. Provinces may wish to have a higher age limit, as there have been concerns about the effect of cannabis on the development of young people up to the age of 25.

I was talking to a friend the other day who is in his forties now. He said that when he was young, he used a lot of marijuana, and it really affected his memory. It really affected his development, so he was pushing me to make sure that I stated that it would be better to have a higher age limit.

The bill would allow for punishment of up to 14 years in prison for any adult providing cannabis to a minor. Some may consider that overly harsh, yet it is the same punishment for producing child pornography or attempting to leave Canada to commit terrorism.

What the bill does not spell out clearly is what the tax structure for marijuana sales would look like and how taxes would be shared with the provinces. The tax system would be important. It would be best to keep taxes low enough so people were not tempted to buy from the black market, from gangs and organized crime, but high enough to generate important funds that could pay for programs generated by this legalization process, such as public health education, particularly on drug and alcohol use, and addiction treatment and health research.

In my riding, and I am sure across Canada, there are several programs that help people with drug and alcohol addictions regain their health and return to their families with whole lives. However, all the programs in my riding are struggling for funding. They could do so much more if they had the necessary resources. I assume, again, that this is the case across the country.

This would be an important goal of any tax measures around marijuana, in my view. I think we need to generate proper funding for programs that deal with addiction prevention and treatment.

Research on the health effects of cannabis, both positive and negative, are very poorly known. This is, in part, because marijuana has been illegal for almost the past century. Canada could play an important role in elucidating these effects.

I have met many people across my riding who use cannabis for medical purposes, for the relief of pain, for insomnia, and to reduce seizures. Many of them have had to experiment with dosages themselves to find out what works for them. We really need research to give us a better idea of what dosages, what ratios of CBD to THC, work best in each circumstance. The legalization of marijuana, combined with a revenue stream specifically for health research on its effects, would be very beneficial.

To conclude, I would reiterate that I support the bill at second reading. I trust that the committee will do its due diligence to answer some of the many concerns of Canadians, many of which we have heard here today. We certainly cannot go on with the status quo. I think Canada could play an important role in the world as it does this important work.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:55 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I would like to thank the member for his remarks and for his conditional support for Bill C-45.

The member suggested that he would like to see as an interim measure the implementation of decriminalization. Decriminalization is a process by which the criminal penalties that enforce a prohibition are removed and replaced with civil penalties. I would simply ask the member if he has given any thought to what would then be required to implement such a system. What legislation would have to be passed? If he has any sense of how this new administration of civil penalties might be administered, what would it cost to establish this system? There is no existing ticketing scheme that could be used, so something new would have to be invented. How much training would law enforcement require?

I would like to ask the member if he has any sense of how long this would take, how much it would cost, and how much work would be involved. Has he thought of that with his recommendation that this might be done as a simple interim measure?

Cannabis ActGovernment Orders

June 7th, 2017 / 7 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, obviously the member across the way has more experience on the law enforcement side of things than I do. However, I can say right now that there are law enforcement agencies across this country that are arresting people and charging them with possession of marijuana. I am not a lawyer, but I know we could change that system. We could send out a directive to law enforcement agencies to lay off those simple possession charges. This would free up the courts. It would keep people from getting criminal records. We could explicitly have a pardon built in so that people across this country with charges for simple possession, and not just in the last year, could be pardoned. They could then get on with their lives and take part in society, as they should, instead of being saddled with a criminal record.

Cannabis ActGovernment Orders

June 7th, 2017 / 7 p.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, when Canadians elected the Liberal Party with a platform to legalize marijuana, I think they were expecting that an adult would be able to smoke marijuana without committing a criminal offence. That is what they expected. I do not think they expected that we would make it easier for children to have access to marijuana. I do not think Canadians thought we would see the 32% increase in impaired-driving other places have seen without addressing it with a plan. I do not think they were thinking we would have a 30% increase in schizophrenia and psychotic diseases among youth. I certainly do not think Canadians thought the government would abdicate responsibility and download everything to the provinces and municipalities without any money or resources to guarantee that public safety was protected.

These are unintended consequences. I wonder if the member would agree.

Cannabis ActGovernment Orders

June 7th, 2017 / 7 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, right now marijuana is very easily accessed by young people across this country. I have just raised two kids who have done very well, but I know from them and their stories how easy it is to access marijuana in our community. I hope this law will make it more difficult. It may not. Right now we have a status quo where it is very easily accessible. We have a status quo where people drive while smoking marijuana. We do not have adequate testing for that.

The status quo is not acceptable. We have to legalize marijuana. We have to regulate it sufficiently. We have to have mechanisms to do roadside checks for marijuana.

This is all happening right now anyway. I do not see a huge increase in the use of marijuana because of this. What I see is Canada admitting that 30% of its citizens have used marijuana and that we should stop the criminalization of this act.

Cannabis ActGovernment Orders

June 7th, 2017 / 7 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, forgive me for rising at this late hour to raise this point of order. I do not believe we have quorum in the House to continue the government's business, which I thought was the purpose of these late sittings.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:05 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Indeed, we do not. Ring the bells.

And the bells having rung:

We now have quorum.

The hon. member for Peace River—Westlock.