Canadian government proposes laws to legalise cannabis and counter drug-driving

Following a manifesto pledge and subsequent report by an expert panel, on 13 April 2017 the Federal Minister of Justice of Canada proposed two draft laws (‘bills’). Bill C-45 proposes the ‘Cannabis Act’ to provide legal access to cannabis, and to control and regulate its production, sale and use. While the Cannabis Act proposes several regulations, it also leaves many aspects to be decided at the level of the provinces; this is also how Canada regulates alcohol. Bill C-46 re-defines the criminal offence of driving after consuming drugs or alcohol.

Key points from the draft Cannabis Act include:

The stated objectives of the Act are to protect young people, deter illicit activities, and reduce the burden on the criminal justice system.
The minimum age to purchase cannabis products is 18, though provinces may choose to increase this. Sales to under-age buyers may be punished by up to 14 years in prison.
The maximum amount that can be possessed by an adult in public is 30 grams of dried cannabis, or its defined equivalent in other forms; possession of cannabis from illicit sources is prohibited. Breaches of these laws are punishable by penalties ranging from a fine to 5 years in prison.
Up to 4 cannabis plants, no more than 1 metre high, may be grown by adults in any one residence; more may be punished by up to 14 years in prison.
The government may establish a tracking system for monitoring production and distribution. Illegal distribution is punishable by up to 14 years in prison.
There is no federal retail system proposed; provinces may establish their own retail systems. If no system is established in a province, federally licensed producers may deliver orders by post or courier, as is already the case with medical cannabis.
Sales will be of fresh and dried cannabis and oils, as well as seeds and plants. There are no federal regulations on THC content. The sale of edible products will be permitted only after other regulations have been developed.
It will be illegal to sell cannabis or an accessory packaged or labelled in a way that may appeal to young people. Promotion is generally limited to information in adult-only environments and is prohibited in media outside Canada.
Laws relating to smoking will now generally apply to cannabis also.
Key proposed changes to drug driving laws include:
The test for ‘impairment’ will no longer be based on physical coordination tests; screening devices will be approved, to allow law enforcement at the roadside to test for the presence of drugs.
There will now be three basic drug-related offences: driving with more than the defined lower blood-drug concentration; driving with more than the defined higher blood-drug concentration; driving with more than the defined concentration of drug and alcohol mixed in the blood.
The precise legal levels for substances in the blood will be defined later.