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

May 30th, 2017 / 9:40 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 have had the opportunity over the last 18 months to work very closely with experts in the area of public health, public safety, justice, and problematic substance use. I have read literally hundreds of reports, originating from a number of different scientific and health organizations, and we have worked very hard to develop a policy based on the best advice of experts and the expertise that was available to us.

The member opposite has ascribed certain statements to me, which quite frankly are inaccurate, and I would urge him, if he is going to attempt to quote me, to do so accurately.

I would also ask him this. Canada has the highest rates of cannabis use among its young people in the world. The cannabis our young people are using they are acquiring from the criminal element, people who have no concern for their health and safety, the contaminants and other dangerous substances in it, or the health effects or social harms that can be inflicted on our kids as a result of this activity. We also know that organized crime that profits from the sale to our kids is making billions of dollars in this country.

I would simply ask the member opposite this. Is he content with that situation, that our kids are in the hands of criminals and that their health is being put at risk? Would he continue to perpetuate a system that has put our kids at risk, or would he take the steps necessary, based on the advice and the expertise we have made available to ourselves and to this Parliament, to put in place a system of strict regulatory controls so that we know the potency, purity, and provenance of what is being consumed by Canadians; that we have a more effective regulatory regime with respect to its production, distribution, and consumption; that we can keep it away from kids; and that we can protect the health of our citizens and the safety of—

Cannabis ActGovernment Orders

May 30th, 2017 / 9:40 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order. The hon. member for Langley—Aldergrove.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:40 p.m.
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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I want to thank the member for his years of service in law enforcement. I respect him and appreciate what he has done throughout his career, and I welcome him to this House.

However, what the member is sharing now I believe is a 180° change. I have spent a lot of time with RCMP on ride-alongs, not drive-alongs. I took the training. I was on the bike squad. They would confiscate these drugs from the kids that were in the park late at night smoking joints. What he is proposing is that we leave those drugs with those kids. They can legally have up to five grams if they are between the ages of 12 and 18. If they are 18 years and older, and they have 60 joints in their backpacks, the police cannot confiscate it anymore. What he is saying to me, and to a lot of Canadians, does not make sense. Why would we allow these youth, with these developing minds, to continue to use this dangerous drug? What is illegal will now be called legal, and that is not the way to deal with organized crime.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:40 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I have a simple question. We have talked a lot in this House about harms. Many substances have harms. Cannabis has potential harms. Alcohol has potential harms. Tobacco has potential harms. If the member wants to criminalize cannabis, what else would he like to criminalize?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:40 p.m.
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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I did not say I wanted to criminalize cannabis. Rather, I would suggest that it become a ticketing offence so that the police can still confiscate the drug. What is the benefit of doing that? The police can already confiscate that drug, but the Liberals are saying, “Leave it with the kids. Leave it in their possession. It is a small amount, and we don't want to criminalize them.” They are not being criminalized now. This is a government of smoke and mirrors. It knows what to say, but it does not do it. It is really a crying shame.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:40 p.m.
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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, in my riding of Nanaimo—Ladysmith, Tilray is one of the largest employers. It was licensed as a medical marijuana grower and distributor under the Conservative government. There is some observation, although they followed all the rules, that it is kind of like growing it in a bunker. The overinvestment that was required for medical marijuana producers has been daunting for the industry. Nevertheless, they have followed all the rules. They are doing chemo-induced nausea research and hire botanists and horticulturalists. It is a highly professional operation. I wonder what the member's comments are on how medical marijuana can fit into this next phase of marijuana legislation.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:45 p.m.
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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I know personally of many cases of people who had nausea or other serious medical problems, and they found the use of marijuana oils to be very helpful. I am not a scientist. I do not know, and it will be very interesting over the coming years of research to find out what the benefits are of the use of marijuana oils.

Bringing into our lungs a foreign body in smoke is not good. Maybe we need to look at what the benefits are. What is being proposed by the government would allow our youth to have access, to have our homes filled with marijuana plants. It is not what Canadians expected. It is not what Canadians want.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:45 p.m.
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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, I want to thank the member for Langley—Aldergrove for sharing his time with me. I had the opportunity to prepare a bill on impaired driving with that member. As we can see this evening in the bill the Liberals have brought forward, this problem is only compounded by the Liberal approach, which could be qualified as improvisation and the trivialization of cannabis use.

The Prime Minister gives us lofty explanations to justify the legalization of cannabis, but really, it is just a smoke screen. As my colleague explained, it would be very simple to do some ticketing. This would allow us to protect young people, but the Liberals want to line the pockets of their Liberal cronies at the expense of the health of Canadians and the health of our youth.

Our government granted 30 permits for medical marijuana production. We did so without any interference, but we did not do it for recreational purposes, as this government is about to do.

The problem is that, ultimately, the government wants to line the pockets of their Liberal cronies at the expense of the health and safety of Canadians.

That is right. The only kind of capitalism the government approves of is crony capitalism. For the rest of us, it is bread and circuses.

We have tightened the rules for political fundraising, but that is not enough. There will be an industry that will sprout billionaires as a result of government largesse. That is how the Liberals will become rich. Unfortunately, that is what lies behind this bill.

It has already happened. People like Chuck Rifici, the former treasurer of the Liberal Party, co-founded Canopy Growth, a company that is now worth billions of dollars. Until last summer, he was the Liberal Party's chief financial officer. In fact, Mr. Rifici still worked for the Liberal Party when he co-founded Tweed, the company that has become the largest producer of medical marijuana in the country.

The same Mr. Rifici, a well-known Liberal, was also a member of the board of directors of Aurora Cannabis until May 8, and he is now the CEO of Cannabis Wheaton, which helps cannabis producers become publicly traded companies.

Is the connection clear? The words “cannabis”, “Liberal”, and “legalization” add up to “a lot of money”.

What about Canadians' safety and protecting our youth from a drug that scientists say has devastating effects on development?

That is not all. Adam Miron is the co-founder of Hydropothecary, the only authorized producer of medical marijuana in Quebec. He is the national director of the Liberal Party and the national director of the Young Liberals of Canada.

In addition, former Liberal minister Marin Cauchon is now a member of the board of directors of DelShen Therapeutics, a Toronto cannabis producer that recently obtained its operating licence from the government.

There is more. Herb Dhaliwal, a former Liberal minister, sits on the board of directors of National GreenBioMed, and Larry Campbell, a Liberal senator, is head of Vodis Pharmaceuticals. These two companies are waiting for a Health Canada licence to produce cannabis. Once again, there are Liberal ties.

I agree with my new Bloc colleague, the member for Longueuil, who is not pleased with this shameful Liberal cronyism.

To add insult to injury, in April 2016, many heads of big medical marijuana companies attended a Liberal fundraiser, where they even had privileged access to the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, who was charged with the task of implementing this cannabis legalization act. The Liberals then, since it was made public, had no choice but to reimburse the donations. However, they cannot reimburse Canadians for their misplaced trust in this supposedly transparent, open government. Clearly, the only way to hold the government accountable today is to catch it red-handed. It has proven that it cannot be trusted to come forward and walk the talk.

On the campaign trail, the Liberal leader promised millennials the moon. We all know how much he likes a selfie. Meanwhile, he was promising his Liberals friends a goldmine in the form of billions in cannabis sales. The honeymoon phase is over for Canadians, especially young Canadians, who will end up battling more serious drug addiction problems. For some, the only moon they will get is the one they sleep under at night, out on the street, having lost everything because of irresponsible Liberal measures.

Unfortunately, as my colleague from Langley—Aldergrove reminded us, we have seen the harm that comes from legalizing marijuana. Colorado played sorcerer's apprentice with marijuana legalization, and the outcome has been devastating in three ways. First, marijuana consumption among youth went up. We agree with the Liberals that cannabis use by young people is a problem. What we are saying is that the government's proposed measure will increase cannabis consumption, so this is obviously not a good way to solve the problem.

The second consequence, which is tragic, is that there has been an increase in the number of fatal road accidents. My colleague from Langley—Aldergrove and I have been trying to address this problem because impaired driving is the leading criminal cause of death in Canada. We already have our hands full with drinking and driving and now the government wants to add drug-impaired driving to the mix. Unfortunately, in Colorado, the increase in drug use among young people was accompanied by a dramatic increase in the number of motor vehicle accidents attributable to the use of drugs.

The solution is actually quite simple, but it will not help the Liberals' friends who want to make billions of dollars. It is good old ticketing. When police officers apprehend young people or adults who are in possession of a small amount of marijuana, they issue them a fine. It is so simple, but this measure would not make the Liberal members, and especially their friends, richer. That is the problem.

Unfortunately, the Liberals have a hidden agenda. Even MP Erskine-Smith said that he wanted all drugs to be legalized. That does not reassure us with regard to the Liberals' current approach. According to the member—

Cannabis ActGovernment Orders

May 30th, 2017 / 9:50 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order.

The member violated the Standing Orders by using the name of another member. I am sure he knows that he is supposed to use the riding name.

The hon. member.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, you are right, and I want to apologize to the member. Indeed, I should have said he was a member from Toronto and mention him by his riding.

The fact remains that he is a Liberal member and he said that he supported the legalization of all drugs. Are we on a slippery slope that begins with the legalization of marijuana? What bill will the Liberals come up with next? Which drug will they want to legalize next? That is the question.

The member said that we should decriminalize the use and possession of all drugs. Understandably, this will do nothing to reassure any parents who are watching us this evening and who want to keep drugs away from young adults. They have something else to offer Canada's youth besides an artificial paradise.

This policy will be harmful for future generations. Allowing people to grow marijuana plants at home makes it easy for kids to access a mind-altering substance that could have serious, harmful effects on their development. There are much better things we could be doing besides giving access to drugs.

In closing, let me just say that this experiment has failed in Colorado. Why go down this dangerous path that will have a devastating effect and serious repercussions on young people, whom we want to protect, when ticketing is an inexpensive solution that could solve the problem?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Speaker, when I visit my riding, I ask young people whether it is easier to get marijuana or beer. They always say marijuana.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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An hon. member

That is not true.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

In my riding, it is true, Mr. Speaker.

Therefore, I want to ask my colleague whether he believes that the current system works well. If not, why did he do nothing about it in his 10 years in cabinet?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, I thank the member for his question.

What I would say to him is that the Liberal government's proposed measure is worse than the status quo because, in Colorado, there has been a rise in drug consumption among youth, fatal accidents, and an increase in the activities of organized crime. The solution is ticketing, which will help us reduce drug use among young people.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:55 p.m.
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Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

Mr. Speaker, we have seen in the past that prohibition has not worked. It did not work with alcohol and it is not working with marijuana today. Today our youth are the highest consumers of cannabis in the world. All we are doing is making criminals wealthy. We do not know the composition of the cannabis that our youth are smoking today. The balance between CBD and THC is something that we really need to understand.

Should we be allowing criminals to continue to profit from this? Should we be allowing criminals to continue to manipulate the genetics and biochemistry of this drug just as we used to under prohibition with those who produced alcohol? Should we be using the revenue from this to educate, enforce, and rehabilitate youth, rather than once again compensating criminals?