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The Canadian Senate Approves The Cannabis Act (Bill C-45)

6/8/2018

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On June 7, 2018 the Canadian Senate approved the Cannabis Act which would legalise the use of recreational marijuana. Bill C-45 would establish a legal framework for adult consumption and regulate the cannabis industry. While this may seem like a cause for celebration for many, I would hold off on celebrating just yet.
The bill was passed by the Senate after making several amendments to the original act that was sent over by the House of Commons.

​Amendments

There were roughly 40 amendments that were introduced by the Senate, many of which were technical in nature. Some notable amendments include:  
  • A contentious amendment that would give provinces the right to prohibit home cultivation. An intent that both Quebec and Manitoba have indicated upon the passing of Bill C-45.
  • Imposing stricter restrictions on the advertising done by cannabis companies. The “swag” amendment would forbid companies from promoting their brands on non-cannabis materials such as t-shirts or ball caps.
  • Forcing cannabis companies to reveal the identity of investors who own more than 5% of the company.
  • Imposing a summary or ticketing offence for a young adult to share 5 grams or less of cannabis with a minor who is no more than two years younger. Furthermore, it would allow parents to share cannabis with their children, just as they can with wine or other forms of alcohol.
Next steps
These amendments will now face the House of Commons where Members of Parliament will be able to accept or reject them. If the government accepts the amendments, then royal assent (the final stage in the legislative process) will be given. However, if certain amendments are rejected, the bill may be in for some back-and-forth between the Senate and the House of Commons over the next month or so. Even after receiving royal assent, the federal government has signalled that there will be a roughly 8-12-week transition period before the bill comes into effect.

We still have a couple of more months to go before this legislation comes into action. Uruguay was the first country to legalise recreational marijuana in 2013 and there are currently nine US states that have legalised recreational cannabis. If and when The Cannabis Act is accepted, it would make Canada the second country in the world to legalise recreational cannabis.  
 
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