CANNABIS IN CANADA, FACTS ON THE LEGAL USE OF CANADA

Recreational use of cannabis (marijuana, pot, weed, ganja, or igbo) in Canada becomes legal on October 17 2018.

Here are some fun facts regarding its legalization in Canada:

The decriminalization of recreational use of cannabis in Canada came about with the enactment of Bill C-45, also known as the Cannabis Act ("An Act respecting cannabis and to amend the Controlled Drugs and Substance Act, the Criminal Code and other Acts"). The Bill was sponsored by a member of the Parliament, Jody Wilson-Raybould and after some checkered time at the Parliament, it was passed by the Commons on November 27, 2017 and the Senate on June 18, 2018, and received Royal Assent thereafter on June 21, 2018.

Without any constitutional challenge on Charter grounds, one can safely say that the enactment accorded with the constitutional division of legislative powers given that criminal laws (except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters) fall within Parliament's legislative competence pursuant to section 91(27 ) of the Constitution Act, 1867.

While the thesis of this post is not to x-ray the constitutionality of  Bill C-45, especially as it relates to the valid exercise of Parliament's power to make criminal laws, Bill C-45 appears to have all the trappings of a valid criminal law:

• it consists of a prohibition (we will get to some of the prohibitions of the law),

• it imposes a penalty,

• It is directed towards a public purpose,

• but, the courts will strike down federal legislation which tries to disguise regulatory purposes lying within provincial jurisdiction by casting the statute as a prohibition enforced by criminal sanction for breach (it is for this reason that the Bill allowed provinces the leeway to exercise their powers on civil and property matters and local matters to enact regulations on the use of cannabis within each respective province).

See generally  Margarine Reference ( Reference re Validity of Section 5(a) Dairy Industry Act),
[1949] SCR 1.

Purpose of the Act:

The purpose of the Act, besides decriminalizing recreational cannabis use, is aimed at preventing criminal gangs from making profits through black-market sales. This need came about following studies that showed a widespread use of cannabis in Canada despite its illegality.

Of course, without its legalization, no lawful organization will be willing to deal on it; this leaves room for criminal gangs to fill-up the supply system and make fortunes therefrom given the already widespread use of cannabis in Canada despite its illegality. Such situation will give rise to financially strong criminal organizations and increased (violent) crimes.

Therefore, the legalization of pot smoking in Canada is a welcomed development for peace and order. It helps dismantle criminal gangs financial networks.

What possession of cannabis is not legal in Canada?

Bill C-45 makes many prohibitions that are coupled with penalties of fines or imprisonment. However, the most important ones are those contained in Part 1 thereof. The provisions are reproduced below:

Possession

8 (1) Unless authorized under this Act, it is prohibited

(a) for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;

(b) for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;

(c) for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;

(d) for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;

(e) for an individual to possess more than four cannabis plants that are not budding or flowering; or

(f) for an organization to possess cannabis.

Aside the foregoing, importation and exportation of cannabis is generally illegal, without the necessary authorization. What this means is that you will not be allowed to carry cannabis on you while travelling out or into Canada.


Other consequences of the enactment of Bill C-45:

While the legalization of pot smoking has been a source of joy to pot smokers, there are consequences. Do not smoke pot and drive. Traffic rules and regulations to have been updated to reflect the realities caused by pot legalization.

Stiffer penalties have been imposed on certain violations such as driving under the influence the influence of drugs, alcohol or cannabis. Also, the police have been given wider discretion to enforce road traffic rules, while prosecution of road traffic offenders has become lot easier than pre-pot-legalization period.

So next time to pick up your keys to drive, ensure you have no cannabis in your system.

Another thing pot smokers should be conscious about is their suppliers. Provinces have been regulations regarding the use and supply of cannabis. These rules vary. It will thus do you more good than harm to familiarize yourself with the regulations obtained in your province.

While Ganja use becomes legal in Canada, a word of caution: admission of possession, usage, or investment in Cannabis stocks at the US border could ban you for life!

Use cannabis responsibly!!!