Prime Minister Justin Trudeau is working hard to make one of his election promises into law: Legalising the use and distribution of marijuana. While a few American states have legalised its use and distribution, the freedom to purchase and use cannabis are not federally protected in the US. Therefore, if successful, in July 2018 Canada's country-wide regulation and monetisation of cannabis will make it the first Western Country* to legalise recreational use of marijuana by its citizens, as well as financially benefit from its distributing.
The Proposed Cannabis Act
If the act were to be instated without any changes, it would allow someone 18 years of age and above to legally:
Possess up to 30 grams of legal dried cannabis or equivalent in non-dried form
Share up to 30 grams of legal cannabis with other adults
Purchase dried or fresh cannabis and cannabis oil from a provincially-licensed retailer
[In those provinces that have not yet or choose not to put in place a regulated retail framework, individuals would be able to] purchase cannabis online from a federally-licensed producer.
Grow up to 4 cannabis plants, up to a maximum height of 100cm, per residence for personal use from licensed seed or seedlings
Make cannabis products, such as food and drinks, at home provided that organic solvents are not used
With the allowances above, the Liberal Government's proposed Cannabis Act aims to: make it difficult for teenagers to access cannabis products; update and introduce drug laws that target illicit sales and those providing drugs to teens; unburden the justice system; educate citizens on the health risks associated with the drugs; allow adults to access regulated, quality controlled cannabis; and reduce illegal profitability of the cannabis trade through legal distribution.
Financial Benefit
The November 1st 2016 Parliamentary Budget Officer's Legalized Cannabis: Fiscal Considerations report outlined the economic factors including the number of cannabis users, price differentiation throughout the provinces and territories, and the application of tax to legal cannabis sales. While some reports have stated that taxing the sale of cannabis could result in $5 billion in tax revenue, the report puts the total at a more conservative amount of hundreds of millions of dollars, with 60% of tax revenue going to the Provinces and 40% to the Federal Government.
It should also be noted that through legalising distribution, legitimate jobs will be created and criminal organisations will be negatively impacted financially.
Provincial and International Implications
While the Canadian Government can roll out federal legislation, there are factors that should be considered in regards to this new legislation. Firstly, in Canada the provinces have control over how alcohol and tobacco are sold and used inside their borders, and likewise cannabis sales will fall under their purview as well. While the proposed age for marijuana use is 18, will all provinces go along with that recommendation? Will some provinces make marijuana more difficult to access in protest of the legislation? In BC, the provincial government decreased the legal drinking and driving blood alcohol level from .08 to .04 -- could decreasing federally legal amounts be a way of asserting control?
Currently, the majority of the provinces have Liberal or NDP majority governments, which works in Trudeau's favour. However, many members of the Conservative Party (CP) of Canada are furious about this potential law change. As the CP federal leadership contest comes to a head, the result could indicate the appetite for opposition, and the potential influence on upcoming provincial elections.
Secondly, unlike many pieces of legislation a government may consider to enact, this one has international implications. There are 3 specific international conventions that the Canadian Government must consider as they move towards passing this act into law: 1961 Single Convention on Narcotic Drugs; The Convention on Psychotropic Substances of 1971; and 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Several European states have passively allowed their citizens to use cannabis without persecution, or in the UK's case give the users warnings, fines, and if caught a 3rd time a potential criminal conviction. However, even though, in London for instance, you can walk down a street and smell someone smoking their 'spliff' without hesitation, legally the country is not seen to be in violation of these conventions. Furthermore, it will be interesting to see how Canada's the 'Neighbour to the South' reacts to the porposed legislation. Manoeuvring through these international challenges will require a lot of political capital.
The Government of Canada is taking a stand on the world stage. Instead of merely tolerating drug use, they accept that 4.6 million Canadians, 15 years and older, currently use marijuana and that organised crime is financially benefiting -- therefore they are taking a different approach. The next 12 months of legislative process will be of interest, at home and abroad, as the foreseeable challenges will provide many dynamic situations for other governments to observe and learn from as they consider following Canada's lead.
*While Portugal and The Netherlands do have laws that ’tolerate’ personal use, distribution is not legal.