Good afternoon, Mr. Chair and other members of the committee.
My name is Abigail Sampson. I'm the Ontario regional coordinator for NORML Canada, the National Organization for the Reform of Marijuana Laws in Canada.
Since its founding in 1970, NORML's mission has been to move public opinion sufficiently to legalize the responsible use of cannabis by adults and to serve as an advocate for consumers to ensure that they have access to high-quality cannabis that is safe, convenient, and affordable. There are now currently over 150 NORML chapters worldwide working hard in their communities to reform cannabis laws.
NORML Canada commends the government's commitment to legalizing cannabis federally and Canada's becoming the first G20 nation to regulate the production and sale of cannabis for all adults. Globally there are other jurisdictions with an existing and thriving cannabis culture whose policies, lessons, and successes we can learn from.
The following are five key considerations we wish to put forward to the committee.
Number one is stopping ongoing arrests leading up to legalization. NORML Canada says the government should immediately halt arrests for simple possession and other cannabis offences leading up to legalization in July 2018, and if someone is charged, the government should stop seeking sentences of imprisonment and focus on constructive alternatives now. Canadians should not continue receiving criminal records for a substance that will be legal in less than one year. Canada will save significant resources on policing and prosecuting these simple offences against otherwise law-abiding Canadians.
Number two is criminal penalties for non-compliance under the cannabis act. While NORML commends the government for creating a ticketing scheme for minor transgressions, the maximum penalties for a serious breach should be similar to those of the Tobacco Act in Canada. We believe that imprisonment should be reserved for only the most serious of abuses and be no greater than the penalties for tobacco and alcohol. Further, cannabis laws disproportionately target our most vulnerable populations and communities, burden our criminal justice system, and have been demonstrated to be more harmful than cannabis itself.
In terms of examples from other jurisdictions, while there are some harsher penalties for those who have committed more serious offences against the state's cannabis laws, in California the sale or delivery of cannabis by an individual over the age of 18 to individuals between the ages of 14 and 17 years carries a felony charge with a punishment of three to seven years' incarceration. By comparison, distribution of an equivalent of more than 30 grams of dried cannabis, under the proposed cannabis act, is considered an indictable offence and carries a maximum penalty of 14 years' imprisonment, far more severe and disproportionate than the harms caused by cannabis use alone. Our Le Dain commission in 1972, some 45 years ago, recommended that the federal government hybridize the trafficking of cannabis, providing a maximum of six months on summary conviction and five years on indictment.
Number three is accessible requirements for participation in the legal cannabis market, including co-operative growing. NORML Canada believes in a diverse legal cannabis landscape where community gardens, co-operatives, and designated growers can participate and compete with larger corporations. Accessible requirements for participation in the cannabis industry are key to a successful legalization strategy and must support the integration of a variety of stakeholders into the new legal cannabis market, including the expertise found in the grey or illicit space.
In terms of examples from other jurisdictions, California is one example of a jurisdiction having an inclusive transition from its existing cannabis practices into the regulated space. For close to 19 years, community gardens and co-operative growers operated outside of a regulatory scheme. Currently the text of the MCRSA, the Medical Cannabis Regulation and Safety Act, allowed these establishments the opportunity to continue to operate until January 2018, just as long as their businesses complied with zoning, local, and state requirements. This window provides them an opportunity to apply for appropriate licensing. Rather than shutting down these businesses, the good players are afforded the ability to remain open, serve their clientele, and become a part of the legalized framework.
Number four is pardoning past cannabis offences. NORML Canada will continue to advocate for a legal cannabis regime that allows for pardons of past cannabis-related convictions and clearly addresses the prejudice associated not only with convictions, but also cases that resulted in stays of proceedings, withdrawals and acquittals, as well as records and police databases, even if no finding of guilt ever occurred. Further, prior cannabis-related records should not bar Canadians from participating in the new legal cannabis market, including in both production and distribution.
These are some examples from other jurisdictions. In an attempt to provide reparations to Oakland residents who were jailed for offences related to cannabis possession in the last 10 years, city council has approved a program to help convicted drug felons get into the legal cannabis industry. Called the equity permit program, this “first in the nation” idea will allow recently incarcerated individuals the opportunity to receive medical cannabis industry permits. By implementing this program, Oakland is ensuring that those entering the legalized cannabis scheme have the demonstrated the experience and expertise required for running and growing a successful cannabis business. As well, it recognizes the harms done by the war on drugs by allowing those who have been affected by it through incarceration an opportunity to participate.
Number five is driving under the influence. While NORML Canada discourages driving motor vehicles or operating complex machinery while under the influence of cannabis, the government should continue to investigate the development of a fair system that targets those drivers whose ability to drive is impaired and avoids the arrest and conviction of innocent Canadians based on the mere presence of cannabinoids in one's system—a per se limit. Per se limits refer to a specific concentration of a substance, for example THC in blood or a blood alcohol concentration, or BAC, that triggers a criminal charge when the set limit or cut-off is exceeded. Per se limits, however, do not factor in impairment and may result in criminal charges for any user who exceeds the limit even if no signs of impairment are demonstrated. Special consideration should be given to medical cannabis users who may use cannabis daily, or near daily, to manage their symptoms. It should also ensure they are not unfairly targeted or criminalized by an arbitrary nanogram level. Many will exceed this limit, but their ability to drive will not be impaired in the least due to their significant tolerance.
Here are some examples from other jurisdictions. In order to protect patients, the United Kingdom has enacted laws that allow for a medical defence if people are taking drugs, including cannabis, for medical reasons and are not impaired. The medical defence states that drivers are not guilty of per se offences if they are not impaired and meet the following conditions: the medicine was prescribed, supplied, or sold to treat a medical or dental problem, and it was taken according to the instructions given by the prescriber or the information provided with the medicine. A medical defence for a per se limit ensures that other evidence of impaired driving, rather than just the presence of THC, must be established to ensure that patients are not unfairly criminalized for simply exceeding a per se limit. Per se limits are arbitrary and especially if they are not rebuttable, they will not be in compliance with section 7 of the Canadian Charter of Rights and Freedoms.
In conclusion, by studying other jurisdictions' experiences in regulating cannabis, Canada has an opportunity to learn from their actions, integrate policies that work, and avoid the same mistakes that lead to poor policy.
Thank you.