Have you ever wanted to try cannabis but hesitated because you weren’t sure if it was safe to do so? After all, regulations change all the time. No worries if you live in Canada, because the government approved the drug for recreational and medicinal use in 2018 and the law legalizing it is still in force today.
Implementation
Canada’s federal government officially permitted the use of cannabis for recreational and medicinal purposes on October 17, 2018. This is the official start date, but the legalization (making an illegal action permissible by law) itself underwent a lengthy process with the submission of the Cannabis Act (aka Bill C-45). Combined with Bill C-46, “An Act to Amend the Criminal Code,” it also amended the Controlled Drugs and Substances Act.
Both bills are milestones in the legal history of the substance, not just in Canada but the entire world. The only other nation (and the first) to decriminalize the drug is Uruguay. Canada is the first G20 and G7 country to do so.
Legalization History
Cannabis use has a long history in Canada with unsavory roots in the opium trade and selective racism. Its criminalization started in 1923 when the government added it to the Act to Prohibit the Improper Use of Opium and Other Drugs.
Cannabis legalization started when the Liberal Party suggested its decriminalization throughout Canada, including it in Prime Minister Justin Trudeau’s platform in 2012. Pundits implied that this helped him win the 2015 election. Consequently, his party sent Bill C-45 to Parliament on April 13, 2017 to legalize recreational cannabis use. The Parliamentary process began in August 2017.
Cannabis proponents had a field day when C-45 was approved. Detractors of the bill were incensed, but they overlooked the tremendous benefit to Canadians with debilitating medical conditions.
Legalization of Medicinal Cannabis
Even before the Cannabis Act was approved, laws governing medical cannabis were already in place, beginning with the Marijuana Medical Access Regulations program (enacted on July 30, 2001). The Access to Cannabis for Medical Purposes Regulations replaced it in August 2016. It is the current ruling safeguarding the cultivation and distribution of medical cannabis and is part of the Cannabis Act.
Under the Cannabis Act, potential users of medical cannabis must:
- Register with Health Canada
- Get a doctor’s prescription
Legalization of Recreational Cannabis
The Cannabis Act specifically addresses the recreational aspect because the medical side was already legal. It regulates cannabis possession, manufacture, sale, and distribution nationwide. Lawmakers based it on the cannabis policies of Uruguay, Washington, and Colorado.
Objectives
- Help adult Canadians access cannabis safely and legally.
- Prevent criminals from profiteering from the industry.
- Keep the young from experimenting with cannabis.
Timeline
Events leading up to cannabis legalization:
1923—Prime Minister King made it a criminal offense to own/use cannabis by adding it to the Opium and Narcotic Act.
1960s—Hippie culture in this era made marijuana popular, resulting in a magnified increase in drug-related arrests from 1962 to 1972. These statistics from Regulation and Resistance Canada prompted the government to evaluate the effects of cannabis on the populace.
1972—The increase in marijuana-related juvenile crimes forced the LeDain Commission to look into Canadians’ recreational cannabis use for three years, resulting in its recommendation to decriminalize the drug. However, cannabis regulations remained unchanged.
1999 to July 2001—Canada is the second country to create a medical marijuana program addressing the plight of critically ill Canadians.
April 13, 2017—Minister of Justice Jody Wilson-Raybould introduced Bill C-45 to Parliament.
June 21, 2018—Governor General Julie Payette approved it.
October 17, 2018—The Cannabis Act became law.
Cannabis Act Provisions
Photo by Budding on Unsplash
Canadians aged 18+ can legally:
- Cultivate for personal use up to four plants per residence and create products from them without organic solvents.
- Buy fresh, dry, oil-based, edible, and concentrated cannabis from a licensed retailer or online.
- Own up to 30 grams (dry/non-dry) or 150 grams (fresh) of legal cannabis.
Involving minors in the following is illegal:
- Giving/selling them cannabis
- Influencing them to commit a cannabis-related offence
- Luring them with advertising
Penalties for committing the above vary per province/territory.
Business Growth from Legalization
Since the enactment of C-45, legal recreational cannabis stores have sprouted throughout Canada, with more than 3,600 outlets as of January 2024. According to Statista, the greatest concentration is in Ontario followed by Alberta.
Ready to Try Legal Cannabis?
Now that you have glimpsed the intricacies of how the Cannabis Act came to pass, are you more inclined to try cannabis? If still in doubt, check the rules in your province/territory. Your due diligence will pay off if the rules change.