Thanks very much. It's an honour and a privilege to be here this morning to address the committee. I've provided the committee with a brief and I'd like to make a few additional comments and focus as well on a few points within that brief.
First, I have to say that I applaud the approach taken by the government, that of legalization of cannabis. Regulation in the interest of public health is critical. I think it's an approach that will increase our knowledge of both the harms and benefits of the use of cannabis. I'd like to echo some of the points made yesterday by Mark Ware in relation to how much we don't know and need to know, and the extent to which the data appear at times to flow in both directions. One of the great benefits of legalization is that we will be much better able to answer those kinds of questions.
I think it's also important to recognize that in many respects this is a human rights issue. Marijuana was criminalized in 1923 with the simple declaration in the House of Commons that there was a new drug in the schedule. There was no knowledge of the drug at that time, and it is now clear that, for most users in most circumstances, alcohol and tobacco are more toxic and more disabling with much greater morbidity.
We must always remember that we're speaking here of the formidable force of criminal law, and adults who use this drug do not deserve the application of the criminal sanction, nor do children or minors who use this drug. I'd add that the Narcotic Control Act passed in 1961 contained the most severe penalties for cannabis possession and distribution after 50 years of virtually no charges in relation to the drug. Between 1908 and 1961, we had approximately one thousand convictions for all drugs combined. In 1961 we passed the Narcotic Control Act after a lengthy debate about whether capital punishment would be appropriate for people who trafficked in narcotics—cannabis was one of those—and yet by 1967, more than a thousand Canadians were convicted of simple possession of cannabis alone. More than half of them went to jail. It was a period that has been described as the “get tough” period in response to cannabis, but by 1975, there were 40,000 convictions annually and jail was no longer a practical option.
My comments with respect to minimizing the harms to youth are, yes, I think the age of 18, or probably in most provinces more appropriately 19, seems reasonable, similar to that for the purchase of alcohol. I think we have to keep in mind that this isn't a drug that is actually as dangerous as alcohol, and the kinds of approaches that we take ought to be somewhat similar. At the same time, I would acknowledge that in many respects we haven't done a terribly good job of limiting, for example, the promotion of alcohol.
The age of 25 will only encourage the black market to continue, along with purchase for youth by those who are over the age of 25. I think schedule 4 needs to be broadened to include edibles and bombs, albeit ensuring that these products can be packaged in a manner that does not lead to unintended harms, particularly to children and youth. I'd also note that subclause 62(7) gives power to the minister to refuse an applicant for involvement in production on the basis of a prior cannabis conviction. I'd argue that involvement in the current illicit trade should not be sufficient to provide a bar to entry, but rather, threats, use of force, or evidence of dishonesty from other criminal convictions all seem to be good reasons to prevent an individual from becoming involved in this industry.
I'd also suggest that the use of a dwelling for growing up to four plants may quite appropriately be subject to zoning restrictions, most probably a multi-family dwelling. Sometimes this will be through a strata, through a rental arrangement, and sometimes I think it will be done through a municipality. Again, I think that's all about public safety with respect to the growing process.
I know the distribution system is not the mandate of the federal government, but I would make the following observations. Failure to provide reasonable access through either a sufficient number of government-run stores or private dispensaries, both publicly regulated, risks continuation of the black market. I would say, too, that a medical model of use seems more helpful, more consistent with public health than a recreational model. To the extent that we can, I think we ought to be focusing on those kinds of potential benefits from cannabis use.
On the issue of public safety and protection, I have great difficulty in understanding the logic and practical application of clause 8 of the cannabis act, the creation of the criminal offence of possession of illicit cannabis. With the growing of up to four plants permitted, how will a determination be made that a person is in possession of illicit cannabis, and more important, why would we treat this as a crime?
With respect to clause 9, I understand the desire to restrict trade to those who follow the rules, but our approach to cannabis is much more harsh and condemnatory than our approach to tobacco and alcohol. Given the relative risk to public health of each of these drugs, that doesn't make good sense.
I go back to the point about human rights. The idea that we would pass legislation that would retain a criminal offence of possession of cannabis seems to me to be inconsistent with at least part of the logic of this. I know that the Prime Minister has repeatedly said it's about eliminating the black market and reducing access, but part of it is also about recognizing that people who have used cannabis, or who use cannabis, do not deserve the label of “criminal”.
Use economic levers to restrain the trade by all means. Civil injunctions and non-criminal fines seem appropriate. The adult use or production of cannabis, we have to remember, is no more morally offensive than the production of beer, wine, or spirits. This has to be, or ought to be at least, one of the reasons for introducing this act in the first instance.
Thanks very much.