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.

The House resumed consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee, and of the amendment.

Extension of Sitting Hours

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I listened with great interest to the member's speech. It seemed to be on Bill C-45, the marijuana bill. He talked a little about the budget implementation bill, but I thought we were debating the extension of sitting hours. Perhaps I will ask a question on that since that seems to be what we are debating.

My question is fairly simple. Why is it that the Liberal Party is so intent on all of a sudden ramming legislation through the House after having such a lax legislative agenda thus far, sending it off to the other place where they amend it and send it back our way? Why do we not just take the due diligence here and actually accept opposition amendments, rather than sending it to the other place and having them amend it and send it back here?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I rise on a point of order. As a member of the third party, and it is not something I like to brag about, we have fewer speaking spots. We can look at the fact that a closure motion was presented on Motion No. 14. There are no more New Democrats speaking tonight, so if the member is going to skip ahead to the business that is going to take place later with Bill C-45, perhaps he could sit down and allow others to speak, those who wish to talk about the important work we do here, which is part of Motion No. 14, the extended sitting hours, and other pieces of procedural rules.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I rise on a point of order. I was a staffer in a former life. Sometimes I delivered the wrong speech to my former boss. If you ask the member, I think this is what has happened in this case. He is reading the speech on Bill C-45 and not on what we are to be debating.

I wonder if you, Mr. Speaker, can rule on this.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I appreciate my colleague's enthusiasm on this subject. However, if I am not mistaken, he is talking about Bill C-45, which is on the agenda for later this evening. Right now, we are talking about Motion No. 14.

[Pat Finnigan, Liberal, Miramichi—Grand Lake, NB]

Madam Speaker, when considering whether to allocate additional time in the House for debate, it is important to consider the significance of the legislation being debated.

Bill C-45 is important legislation that proposes to legalize, strictly regulate, and restrict access to cannabis. Despite decades of criminal prohibition, Canadians continue to use cannabis. In fact, Canadians have some of the highest rates in the world.

Currently, cannabis is grown and sold illegally, generating profits for criminals and organized crime with no concern for public health or safety. The current approach to cannabis is not working. Scientific evidence shows greater risks associated with cannabis use for youth than for adults. Moreover, risks are greater the younger a person starts using cannabis and the more often they use it.

The objective of the legislation is intended to delay the first use of cannabis and reduce the frequency of use. A sustained education and information campaign is also part of the approach. The bill would also impose serious criminal penalties for providing cannabis to young people or enlisting them in committing cannabis-related offences.

The bill is also about creating a legal and regulated market for cannabis, taking profits out of the hands of criminals and protecting public health through strict product requirements for safety and quality. The key components of our government's approach are first, protect youth; second, education and public awareness; third, product safety and quality controls; and fourth, goals and responsibility and implementation.

Let us begin with protecting youth.

We know that too many youth have easy access to cannabis. In fact, during the task force on cannabis legalization and regulation consultations nation-wide, a trend became clear: how easy it was for young people to obtain cannabis.

Young people are at the heart of the government's strategy to regulate cannabis and restrict access to it for three reasons.

First, there are risks associated with the use of cannabis. Even though some people use it for medical purposes, it can still be harmful to a person's health.

Second, young people are particularly vulnerable to the effects of cannabis on the development of the brain and brain function because their brains are still developing.

Cannabis Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I will leave the defence of Bill C-45 to the Liberal government. What I was indicating in my speech is that there are areas in the bill that are of concern to our caucus, but we do not think that the baby needs to be thrown out with the bathwater. The bill in principle needs to be passed at this stage so the committee can do its due diligence.

With respect to the selling of marijuana to children, I, of course, am concerned. I am the father of twin girls who are about to turn five years old. Everyone in the House has concerns about the effects of marijuana on children. We want to make sure there are prevention programs for that case.

This is the status quo today. In the approach that exists today, even though we have criminal prohibitions, we still find that Canadian youth are among the highest users of any developed country in the world. The current form is a complete failure. A new approach is needed and I still have yet to hear from my Conservative colleagues as to what they suggest as an alternative. The stats show us the current method is a failure, so the very least we can do is to try something different, to try a public health approach, and that is why I support the bill being sent to committee so that it can get the due diligence it needs. Experts can comment on it and so can the Canadian public.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I was very grateful for the comments made in support of Bill C-45 by the member opposite. I just want to clarify a point.

He spoke quite effectively on the important regulatory measures the bill contains in order to control, for example, the quality, potency, and circumstances of production and sale of cannabis. At the same time, he advocates for a system that would maintain a prohibition with civil penalties.

I would like to quote for him remarks made by the Centre for Addiction and Mental Health in its document on a public health approach to the legalization and regulation of marijuana. It acknowledges that decriminalization can address a single but important social harm, but it also says that this model fails to address certain very important things. For example, it states, “Under decriminalization cannabis remains unregulated, meaning that users know little or nothing about its potency or quality. As long as cannabis use is illegal”—and prohibited, as advocated under the decriminalization model of my friend—“it is difficult [if not impossible] for health care or educational professionals to effectively address and help prevent problematic use.”

It goes on to say that decriminalization may encourage commercialization of cannabis production and distribution.

Quite frankly, I have never heard of street gangs and Hell's Angels being referred to as a disconnected cottage industry, but I can assure him, from decades of experience, that there are serious criminal enterprises involved in the production and illegal distribution of cannabis in our country.

Finally, CAMH points out that in other models of decriminalization, it inevitably results in an increase in the number of people who are being penalized.

Could the member share with us what he believes would be involved in passing new legislation that would decriminalize it and in establishing an enforcement and regulatory framework? As well, might he agree with me that it would be expensive and time-consuming to do it wrong, as compared to what overwhelming expert opinion suggests is the right way to do it?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, it is indeed a great pleasure to be rising to speak to Bill C-45. I think this is the first important step to recognize the failed approach that we have had in this country for far too long. The war on drugs has plagued Canada for far too long. We have had marijuana criminalized in this country since 1923, and I believe, based on the statistics, it is time for a change. It is time for a new approach, and this is an important first step.

The plans for this legalization were announced in the Liberals' plans. It has been in government now for almost 20 months, and of course we have probably until July of next year before we finally see it implemented. It will be a long time for Canadians to finally see some actions on this file.

The NDP will support the government's plans on this in principle, but we want to ensure that it is done effectively, that marijuana has the safeguards in place for our children, and that we have a reliable, long-term revenue stream that is specifically earmarked for public health initiatives, prevention, and all-important research, because those areas are very much lacking in our country today.

We do have some key differences with the government, as we do believe that the Liberals should put into action their concern about the unjust laws. The crime that still exists in this country for simple possession is profoundly unjust, for a substance that the government is going to legalize. That has always been our strong position, and we will continue to hound the government on that point whenever we get a chance.

Our justice system is clogged up. We have serious criminal charges that are either being stayed or withdrawn. This is all in light of the Jordan decision, yet the government refuses to act on an initiative that would free up so many police resources and so many justice resources, which are so sadly needed in our country right now.

As we debate this legislation, and the government is giving itself a pat on the back for meeting one of its promises, this is all being done in the light of the fact that many Canadians are still getting criminal records for possession, and it very disproportionately affects our youth and racialized Canadians. We will continue to push the government, whenever possible, on those points. We will be preparing constructive proposals for the government, especially in light of bringing pardons. We feel that those who have received previous convictions for marijuana possession should have some form of amnesty offered. I have heard some encouraging words from Public Safety Canada lately, but the government should be following through on that, and we would certainly like to see a firm commitment spoken by a minister in this House at some point in the future.

The government must also be clear and upfront regarding provincial responsibilities. We certainly want to see how this structure will be shared, and indeed, the provinces will have a lot of responsibilities, so it is up to the federal government to clearly lay those out.

There are a lot of items in the bill. It is about 131 pages. It is a lot to read through. This is quite a revolutionary step for Canada after so much prohibition. I will briefly go over some of the main points.

It will allow an adult who is over 18 to possess up to 30 grams of marijuana or equivalent in a public place, and it does not preclude provinces from harmonizing the age according to their liquor laws, if they so wish.

The Canadian Medical Association, as has been mentioned by my Conservative colleagues, has expressed concern with the age limit, and I think we do need to take those concerns into question, but the thing to remember is that age 18 is an age when we trust Canadians to vote, and age 18 is when we trust they have the ability to freely join our armed forces and fight abroad for us. It is a bit of a struggle finding that right age. We need to invest those dollars in research and prevention campaigns so that our youth understand the risks that come with heavy and sustained use of cannabis.

The other point that is causing a lot of consternation is the possession of up to four cannabis plants per household. This is probably something that will have to be looked at. I do not think there is anything in this legislation that precludes a municipality or a strata corporation from setting its own rules, so this is simply about removing prohibition and punishment for those four plants. However again, I think this is something with which Canadian society has already expressed a little bit of discomfort. It is something that we certainly do want to be looking at.

With respect to the punishments, it would allow for a punishment of up to 14 years for anyone over the age of 18 who sells marijuana to a young person. This is a fairly harsh punishment. It is actually in line with the punishments for producing child pornography and attempting to leave Canada to commit terrorism. I know it would give judicial discretion, but it is a pretty harsh punishment for this, and we need to look at whether it complies with the Charter of Rights and Freedoms. With respect to young people, the legislation would allow young people between the ages of 12 and 18 to possess up to five grams of cannabis. I mentioned this in questions and comments earlier. This is about trying to save our youth. It is not about promoting the use of the drug; it is about trying to save our youth from going through the criminal justice system. If they possessed over that amount, they would be subject to the Youth Criminal Justice Act, but that is an important distinction to make. Nothing precludes the ability of provinces to institute civil, ticketable offences for this, and that is an important point to bring in.

There would be minor ticketing options available in this legislation, so it would give police officers some leeway. Individuals possessing over 30 grams and under 50 grams could be subject to a $200 fine. If they went over four plants and had five or six plants, the legislation would allow for a ticketable scheme. Again, this is about saving our overburdened criminal justice system, which is currently feeling the strain of the Jordan decision, and allowing those civil offences so that our criminal justice system can look at the serious charges that are currently being withdrawn and stayed in our courts today.

There would also be restrictions on the type of packaging and promotions. There would be a lot of freedom given to the Minister of Health in developing regulations that deal with these particular laws, so we want to make sure that there is no false, misleading, or deceptive promotion of the products and nothing that appeals to young people. We certainly want to see some clarity on child-resistant packaging; the labelling of amounts of THC, the active ingredient in marijuana; and of course the health warning, similar to what we already see on tobacco packaging. There would also be a cannabis tracking system that sets up a national seed-to-sale tracking system in order that, for all the licensed producers, we could track the marijuana that has been produced, basically from the farm to a person's household at the point of sale.

Here are some of the outstanding issues. As I identified in my introduction, there are a lot of key issues that are left up to the provinces. I know some provincial governments have expressed some consternation about that, but the government has rightly pointed out that this is a shared jurisdiction. The federal government has clear jurisdiction in the federal criminal law power, but when it comes to sales and distribution, that is very clearly a provincial power under our Constitution. Again, it would require some harmonization between the federal government and our various provincial governments.

As I mentioned in my introduction, we would like to see more information from the Minister of Finance, from the current government, on what the tax and revenue structure would be. We do not want this simply to be a cash cow for the government. We want to make sure that the funds would be generated for a reliable stream of revenue for research and prevention. I was sad to see that, on the day this legislation was rolled out, the Minister of National Revenue was present with the Minister of Justice and the Minister of Public Safety and Emergency Preparedness, but she had nothing to say about her portfolio, which is the Canada Revenue Agency. That was a missed opportunity, in my opinion. When it comes to the long-term revenue stream, we are certainly looking for more details.

The other thing that has been brought up, which I have heard from my caucus colleagues and I know from the member for Windsor West, is the issues that we would have to deal with at the border with our American cousins. We know that the Trump government is taking a decidedly wrong turn on this approach, but the U.S. is our neighbour and we have to deal with the laws that it puts in place. A lot of our trade and a lot of Canadians are reliant on crossing the border with the United States freely and without hindrance. My friend from Windsor West sees so much trade go across from Windsor to Detroit every single day, and he has already expressed concern about whether truck drivers would see increased delays. This is an area where the government still has a lot of homework to do. The public safety minister has been asked this question repeatedly and his answers have been lacking so far. He owes it to all members in this House to clearly explain how the negotiations are going with our American counterparts and exactly what progress is being made in that particular area.

It is not just trade. When ordinary Canadians are going down for a visit, if we have legal cannabis in Canada and people are asked by a border guard if they have ever ingested or smoked marijuana, the answer can have serious consequences. While we support the overall goal of this legislation, we still have to confront the reality that exists with our closest neighbour and ally. The Trump administration is anything but consistent these days. It seems that if we are to follow the president's policy directions, we have to read his tweets. It is something that we will have to stay on top of.

The other item concerns the international treaties of 1961, 1971, and 1988, to which Canada is a party. I have asked the government this question a few times, and it still has not given us an answer as to what its plans are for Canada's obligations under these treaties. It is not a trick question. I would simply like to know what the government's plans are. Is it going to make an announcement that we are withdrawing? The deadline is July 1. I would hope that in the next 30 days or so, the government will come up with a plan that we can have confidence in.

Those international treaties represent a 20th century way of thinking on the drug policy problem. Canada has an opportunity to assume some international leadership in this regard, especially if we become the first G20 nation to legalize it. We could probably stand firm in the world and promote an alternative way of dealing with drug issues, rather than the old failed law-and-order approach.

I made reference to the crisis that exists in our justice system, and particularly the fact that we have seen some serious criminal charges, such as murder and assault, stayed or withdrawn. We have repeatedly pointed out to the government that it could have instituted decriminalization as an interim measure to make sure that our police and crown prosecutors do not have to deal with minor marijuana possession charges. As the law is currently written, under the Controlled Drugs and Substances Act, these are still crimes.

We do not have enough crown prosecutors, we do not have enough courtrooms, and we do not have enough administrative staff to run an effective justice system today. The minister has repeatedly identified these problems and has acknowledged that the criminal approach is ineffective, yet the government refuses to do anything as an interim measure. It is falling back on the same tired arguments, which I do not think Canadians are very convinced of. Perhaps the Liberals are, but I think Canadians, when they hear those arguments, do not buy into the Liberal argument. Aside from appointing the proper number of judges and resourcing the system properly, enacting decriminalization could be very effective.

Let us go to the Liberal platform of 2015, and I am going to paraphrase it here. The Liberals acknowledged in 2015 that arresting and prosecuting in cannabis offences is expensive for our criminal justice system and traps too many Canadians in the criminal justice system for minor, non-violent offences. They will find no disagreement from the NDP on that claim.

As for decriminalization, historically opposition to decriminalization usually came from those who favoured continued prohibition. There have been fears expressed that decriminalization would send counterproductive messages that would increase the use of cannabis and related problems, and that it would sustain and possibly strengthen criminally controlled contraband trade in cannabis.

Despite these largely unsubstantiated fears, many nations and subnational states have opted for the decriminalization model. Researchers have found that under prohibition, cannabis users, for the most part, even in times of easy access, moderate their cannabis use, such that it does not interfere with their lives or lead to adverse health consequences. These patterns appear to persist under decriminalization.

For decades, research on the impact of cannabis decriminalization has shown that in a variety of jurisdictions, including Australia, Europe, and the United States, decriminalization does not cause an increase in consumer demand or in the ease of access.

What decriminalization does do is decrease the related social problems, the criminal records that people have tied around their necks for the rest of their lives, and the impact on employment and people's ability to rent or to travel. It also reduces the costs in our judicial system. On this side of the House, the NDP feels that this is a solution that is backed by science, and it would immediately relieve some of the pressure on our overburdened justice system.

There is a fair amount of commentary in Canadian cannabis literature that contains concerns that cannabis trade in Canada is under the control of violent and exploitative criminal elements, causing harm to users and children. The Liberals really love to say that they want to legalize, strictly regulate, and restrict access to cannabis in order to keep it out of the hands of children and the proceeds out of the hands of criminals. New Democrats agree with that approach, but it is more of a fear-based objective in that Liberals do not want to decriminalize because of those reasons.

It should be noted that only a particular share of the illegal cannabis trade occurs within international crime syndicates. There is good cause to doubt that most cannabis users in Canada would ever have contact with violent exploitative criminal organizations or people. Most people buy small amounts from friends, family members, or close acquaintances, yet the Liberals have continued with this fearmongering. They say that every day our kids turn to dealers, gangs, and criminals to buy marijuana, putting them in harm's way. That is simply not true. That is fearmongering at its worst.

Studies have shown that the illegal cannabis trade, as it stands today, resembles more of a disconnected cottage industry in which independent and otherwise law-abiding people attempt to support themselves and their families. They are meeting demands in their communities. Basically, it is something that most Canadians do not believe should be illegal in the first place. Many people in small towns, when the economy gets tough, have turned to growing and selling cannabis. They are not violent criminals, but the Liberal approach treats them as being in that category, even the people who purchase and possess marijuana. It is a failed approach, the politics of fear.

A study by the Canadian Drug Policy Coalition found that links between the cannabis trade and violent organized crime groups have been greatly exaggerated. It describes cannabis operations as independent, small in size, local, non-violent, and modest in realized revenues.

When the Prime Minister first announced that he favoured the legalization of marijuana, it sparked a lot of questions from society, and one of the questions was about pardons. He said the following: “There has been many situations over history when laws come in that overturn previous convictions and there will be a process for that that we will set up in a responsible way.” We will certainly be holding the Prime Minister to his word. However, he has been contradicted by the Minister of Public Safety, so I would appreciate a clear and concise statement from the government at some point on what precisely it is going to do with respect to pardons.

I want to turn to how legalization would affect youth and racialized Canadians.

Thirty per cent of Canadian youth have tried cannabis at least once by the age of 15, which is the highest use among many different countries, and it would disproportionally affect those people. The Prime Minister acknowledged the wrongs of this in the past when he related the story of how his late brother was able to get off because of his father's connections in the legal community. It is one type of justice for the wealthy and well-connected and another type of justice for the poor and marginalized groups. The cost of a pardon is $631. When people are living on the margins of society, how are they supposed to afford pardons in order to clear their names and get ahead in life? That question has not yet been answered adequately by the government.

I will conclude by restating that the status quo approach has been a complete failure. The war on drugs has cost billions of dollars but has not produced the results that we as a society had hoped for and demand. A new approach needs to be taken. I will therefore support this bill in principle at second reading. It deserves very close scrutiny in the Standing Committee on Health. I and my colleague from Vancouver Kingsway, the NDP health critic, will be working together to make sure it gets the scrutiny it deserves.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I want to follow up on the parliamentary secretary's line of questioning.

When I read Bill C-45 and I look at the provisions involved with youth, I read it as the five grams acts as a benchmark. I think all hon. members would agree that we want to do everything possible to keep our youth out of the criminal justice system. This is not in any way accepting the fact that they can have marijuana. It is just so it is a ticketable offence so they are not stuck for the rest of their lives with a criminal record. I would like to hear the member's comments in response to that.

I respect the Conservatives. They represent a segment of society that has problems with the bill, but I would agree with the parliamentary secretary and the Liberals. The status quo is not working and the statistics are there to back it up. A criminal law and order approach to this problem has not worked. What do the Conservatives propose as an alternative?

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I have much respect for my colleague, but I would like to highlight a number of flawed assumptions with his interpretation of Bill C-45.

The first is that somehow children will have lawful access to cannabis. I want to assure the hon. colleague that Bill C-45 would in no way allow any lawful access to cannabis to youth.

The second is that children will somehow be allowed to traffic cannabis. Of course, Bill C-45 would not permit that and it would certainly not permit adults to use youth to traffic cannabis. In fact, we are proposing a higher maximum sentence, a 14-year sentence, which is an improvement from the current regime.

The most important flawed assumption he made was that somehow the status quo was working with respect to cannabis, when all of the evidence and all of the efforts put in by the independent task force demonstrated it was not.

Is that not the trouble with the Conservatives' approach to law and order? They ignore evidence, they somehow continue to introduce unconstitutional laws, which have been struck down by the Supreme Court of Canada, like mandatory minimums, and they show no faith in our courts, which are situated best to provide justice and safety to all Canadians.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I am pleased to rise in the House today to share some thoughts regarding Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

Essentially the bill proposes to regulate and legalize the production, possession, use, and distribution of marijuana across Canada. The government is on record saying it wants to implement this by July of next year. The government's decision to move hastily on such an important piece of legislation concerns me.

Let me be clear, this marijuana bill will have far-reaching impacts on every part of our society. It is imperative that before proceeding with the significant changes to the Criminal Code, a thorough debate takes place in the House for all members who wish to speak.

I would like to take a minute to outline some of the areas of concern that I have with the legislation. One of the major issues I have with the legislation is the fact that it will be putting children at risk of having much greater access to marijuana. I am sure this concern resonates with parents of young children and teenagers. While the government has consistently touted that one of its objectives is to prevent young people from accessing cannabis, in reality the bill does just the opposite.

Clauses 8 and 9 of the legislation are a perfect example. These provisions state that it is prohibited for an individual to possess or distribute more than four cannabis plants that are not budding or flowering. This means that it will be legal for people to grow at least four marijuana plants inside their homes. I do not know of any easier way, and I said that in my question, for children to access marijuana than in that way.

Unlike prescription pills, which people can put away, marijuana plants, by definition, have to be out in the open. I cannot imagine any easier way for children to get hold of marijuana than when their parents are starting to grow it in the kitchen.

My concerns for children and teenagers do not end there. Let us consider the dangers for young people who may come in contact with marijuana edibles. This is an issue that is not properly addressed in Bill C-45. I have seen photographs, as I am sure other members have, of these edibles. They are indistinguishable from candy treats or baked goods that are often found on the kitchen counter, in the kitchen cupboard, or even in a cookie jar, enticing prizes for young children. They are so convincing that an adult could mistake a pot edible for the real thing.

The possible health risks for children ingesting these kinds of edibles cannot be underestimated. According to health care professionals, such as Dr. Robert Glatter, the consumption of multiple servings of edibles at one time, for any age group, results in various potential psychological effects, not to mention the possibility of over-sedation, anxiety, or psychosis. Ingesting multiple servings in a short time span can also produce intense anxiety, paranoia, and even psychosis. These adverse side effects are more frequent among first-time users.

If these are the health risks that affect adults ingesting edibles, one can only imagine the danger they pose to children who are almost certainly going to be first-time users. In fact, experts from the Department of Justice have attested that edibles pose significant risks to the health of children. Clearly, the entirely plausible chance that children may accidentally ingest these edibles deserves a more careful examination by the members of the House.

Another illogical aspect of the legislation that the government must address is the ambiguous rules regarding the quantity of marijuana that children may legally possess. As we have heard, according to Bill C-45, paragraph 8(1)(c), children under the age of 18 are prohibited from possessing the equivalent of five grams of marijuana or more.

What happens when a 12-year-old uses or distributes cannabis to his peers on the playgrounds, every day, with no questions asked? This is a lax approach. How can the government ensure that children and teenagers will not be recruited by organized crime? I can see that is what is going to happen. On a simpler front, is it safer to be in possession of four grams of cannabis or five, or is the safest quantity the possession and distribution of zero grams? That is what our party would support.

The Liberals will tell Canadians that four grams is okay but the Conservatives, on the other hand, are firm in our conviction that zero grams is the only safe amount for our children.

The cannabis act is replete with arbitrary cut-offs that do nothing to protect our children from the dangers of marijuana. In fact, we believe they expose them to greater risk. Canadians deserve clarity when it comes to legislation that will significantly affect so many aspects of our justice, health, and public safety systems, and more important, their daily lives and families. It is not enough, I would like to point out, to say we are going to shove all these things over to the province and let them figure it out. There is a responsibility for the federal government to get it right.

If all these problems with accessibility alone were not sufficient to highlight the shortcomings of Bill C-45, please note that the Prime Minister and his government proposed that the legal age to purchase marijuana be 18 years of age. For a government that claims to espouse and produce evidence-based policy, this provision is clearly off the mark. All we have to do is ask any doctor, health organization, or health expert. For one, the scientific evidence overwhelmingly confirms that the human brain does not fully develop until individuals reach their mid-twenties.

The Canadian Medical Association, as I have pointed out, has already warned the government that the use of cannabis may have significant psychological impacts on brain development up to the age of 25, and recommends that 21 be the youngest acceptable age to legalize the purchase of marijuana. Indeed, the position of the Canadian Paediatric Society likewise urges the government to consider the dangers of so young an age to purchase marijuana. Again, the government keeps talking about protecting children but it completely ignores the evidence. Indeed, the co-author of that position paper, Dr. Christina Grant, has stated, at the very least, the levels of THC must be limited until after the age of 25 to be considered safe for brain health.

Once again, Bill C-45 lacks crucial information. Why are the Liberals ignoring this crucial scientific information, information that has a tangible impact on the health and best interests of Canadians? It is not enough to say we are ignoring all the evidence and let the provinces figure this out. That is not good enough.

Further, while drafting the legislation, the Liberal government had plenty of time to study the impact of marijuana legalization in several jurisdictions in the United States. Instead of learning from the mistakes and challenges that have befallen these states, the government decided to ram the legislation through. Again, this will be a complete detriment to Canadians.

I will give members a couple of examples of what we are talking about.

First is the fact that our American counterparts have found an increase in impaired driving following the legalization of marijuana in certain jurisdictions. In fact, the U.S. Department of Justice found that on Colorado roads, during the year following legalization of marijuana, there has been a 32% increase in deaths related to marijuana-impaired driving. That is completely unacceptable.

There is little doubt that Canadians will see a similar increase of drug-impaired driving if marijuana is legalized. In fact, statistics have already shown that this is a serious problem. According to the Canadian student tobacco, alcohol and drugs survey, nearly one in five Canadian high school students have been a passenger in a car whose driver had recently smoked marijuana.

Canadians of all ages are very confused about the many existing myths regarding smoking and driving. For example, in a 2014 poll, 32% of Canadian teens believed that driving high is less dangerous than driving drunk. The perpetuation of this kind of thinking will have serious consequences. A report prepared by the Canadian Centre on Substance Abuse states that Canadians 16 to 19 years of age are more likely to drive two hours after ingesting marijuana than they would be two hours after drinking.

The World Health Organization, on the other hand, has been clear in debunking this myth. It has stated:

Evidence suggests that recent cannabis smoking is associated with substantial driving impairment, particularly in occasional smokers, with implications for work in safety-sensitive positions or when operating a means of transportation, including aircraft.... Complex human/machine performance can be impaired as long as 24 hours after smoking a moderate dose of cannabis and the user may be unaware of the drug's influence....

In light of this information, Bill C-45 does not provide sufficient avenues to educate young people about the undeniable danger of driving high. Should the government insist on ramming this legislation through, it should seriously take into account the importance of public awareness campaigns in protecting young people.

Ultimately, actions speak louder than words, and legalizing marijuana sends the wrong message to young Canadians that pot is a benign judge, that it is not a cause for concern. In reality, the government cannot guarantee that more children and teenagers will not be injured in motor vehicle accidents, if not worse, as a result of increased access to marijuana. This, beyond doubt, is something the government should have considered seriously before trying to ram this bill through Parliament in an attempt to live up to a campaign promise.

Another important and threatening problem facing jurisdictions that have legalized marijuana is the increase in cannabis-related hospitalizations. We have already established the research that proves marijuana can have dangerous effects on children's brain development and overall health.

In Colorado, these studies have had far-reaching and tangible consequences. According to a recent report by the Colorado Department of Health, hospitalization involving patients with marijuana exposure and diagnosis tripled from around 803 per 100,000 between 2001 and 2009 to 2,413 per 100,000 after marijuana was legalized. That is about three times as many people who were hospitalized. This serves as a cautionary guideline for how children will be impacted by easy access and exposure to pot.

A report by the Rocky Mountain HIDTA states, “the number of Colorado children who’ve been reported to a poison control center or examined at a hospital for unintentional marijuana exposure annually has spiked since the state legalized recreational cannabis...”

These statistics are not inconsequential. Once again, why has the government ignored the lessons our peers have faced after legalizing marijuana? Answers to these challenges are certainly not found in Bill C-45.

The gaping holes in the legislation are indisputable. If homegrown marijuana plants are permitted, coupled with alarming and unanswered questions related to marijuana edibles, children will clearly have easier access to the substance. Given the bill's ambiguity on how much cannabis constitutes an offence, children and teenagers may possess and distribute up to four grams of marijuana with no clear recourse to protect them. Setting the age of majority for marijuana use at 18 promotes a lax approach to brain development and public safety.

Finally, the government's unwillingness to acknowledge the fact that comparable jurisdictions have faced critical health and safety challenges as a result of their similar legalization processes is not only reckless but unfair to Canadians who put their trust in their members of Parliament.

While the risks to children constitute my greatest concern with Bill C-45, there are numerous other problems that go unaddressed in the legislation. One of these is the fact that the bill provides little to no clarity on the degree of flexibility that the government will allocate to provincial governments and municipal law enforcement to implement this. Additionally, the bill does not sufficiently address the costs for retraining officers given the changes to the Criminal Code.

Moreover, the questions surrounding Canada-U.S. border crossings should legalization take place is particularly worrisome to me, as my constituents in Niagara Falls live right across from our American neighbours and often have the occasion to travel to the United States. Taking note of the fact that most American border states have not legalized recreational marijuana, the discrepancy in policy could greatly impact, among other things, the waiting time to cross the border.

The former U.S. ambassador to Canada, Bruce Heyman, has expressed his doubts regarding efficiency at the border and the legalization of marijuana. His primary concern is the fact that border patrol dogs are not trained to distinguish marijuana scents from other prohibited items.

He stated:

The dogs are trained to have reactions to certain scents. Some of those scents start with marijuana. Others are something that are significantly more challenging for the border. But the dog doesn't tell you this is marijuana and this is an explosive...

The dog reacts, and these border guards are going to have to appropriately do an investigation. That could slow the border down.

My constituents, and all of the 400,000 Canadians who travel to the United States every day, are deeply concerned about the waiting times and they want them to be as expeditious as possible. How can the government ensure that these delays will not affect Canadian business people, families visiting loved ones or even Canada-U.S. relations writ large? Bill C-45 is silent on yet another consideration for Canadians.

It is evident that the government has been too hasty in its attempt to push through this legislation without consideration of all the risks to children, confusion surrounding implementation, and delays in border crossings. This complex issue could result in insurmountable health and safety burdens in the years to come.

As such, I urge my fellow members to take the significant problems with the legislation into consideration.

To conclude, I move that the motion be amended by deleting all of the words after the word “That” and substituting the following:

this House declines to give second reading to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, since the bill makes homegrown marijuana more accessible to children.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I thank the minister for her speech on Bill C-45. My concern all along, since news of this bill first broke, is that the Liberals have not announced any new funds for prevention.

We are told that the bill is meant to protect young people and their health and to restrict their access to marijuana, but what I am hearing on the ground from youth workers, including the ones working in youth shelters, and those who work with young offenders or in the field of mental health and addictions, as well as teachers, is that more money is needed for prevention.

The government announced less than $2 million a year, and this bill does not even target just marijuana, but all drugs and everything that happens in the area of health. The state of Colorado invested $45 million in 2015 alone for its bill to legalize marijuana.

This bill lacks vision. It trivializes the impact this could have on mental health, social behaviours, and the lives of young people. The minister mentioned that there could be effects on brain development. Scientists are still studying the effects associated with the consumption of various quantities of THC. We need to have the means to match our ambitions. I am hoping to see the government invest more money. The last budget provided nothing for prevention, even though that is crucial—

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Mr. Speaker, I want to be clear. There is nothing in Bill C-45 that would provide the legal ability for young people under the age of 18 to access cannabis.

In terms of the four plants that the member referenced, as I noted in the previous question, it is certainly necessary and the responsibility of adults in the home to take precautionary measures to prevent young people from gaining access to plants, as they do for alcohol or prescription drugs.

In terms of the five-gram limit that the hon. member mentioned, this is so as not to criminalize young people for possibly having less than five grams of cannabis in their possession. We are working very closely with the provinces and territories, encouraging them to put in place offences in terms of possession of less than five grams for young people, along the same lines as what happens with alcohol.

We are going to continue to have these conversations with the provinces and territories to ensure that we are covering all of our bases and that this complex regime is put in place and recognizes the differences between and among the different provinces and territories potentially using the permissive nature of the legislation to adapt to their respective jurisdictions, whether it be around age or around home grow.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I was pleased to hear in the minister's speech on Bill C-45 that she noted that criminal prohibition is not working and is indeed failing. She also noted that the majority of Canadians support the end of criminal prohibition and punishment. Indeed, going back to the Liberal platform of 2015, it noted that, “arresting and prosecuting these offences is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.”

The Liberals have repeatedly said that they want to legalize, strictly regulate, and restrict access to keep cannabis out of the hands of kids and the proceeds out of the hands of criminals. I accept that. I do not think the minister will find any argument in this House against that.

In the minister's preamble, she seems to have made a very strong case for decriminalization. She has acknowledged the harms criminal prohibition and punishment do to our society, particularly to youth and racialized Canadians.

The government has now been in power for almost 20 months. Many regimes around the world have instituted decriminalization quite well. I still have not heard a good argument from the Liberal government as to why it will not institute this as a good interim measure on the road to legalization.