Bill C-45, the Cannabis Act passes in Canadian Senate, and will proceed to Royal Assent and become Law

Bill C-45, the Cannabis Act will proceed to Royal Assent and become law after the Senate of Canada voted not to insist on Senate amendments with which the House of Commons disagreed. On June 19, 2018, senators voted 52 to 29, with two abstentions, to adopt a motion to inform the House of Commons of the Senate’s decision. Bill C-45 will legalize access to cannabis in Canada. The bill will also control and regulate how cannabis is grown, distributed and sold. Bill C-45 was introduced in the Senate and given a first reading on November 28, 2017. It was passed in the House of Commons on November 27, 2017. Bill C-45 was adopted at second reading in the Senate on March 22, 2018, and was referred to the Senate Committee on Social Affairs, Science and Technology. The Committee’s report, with amendments to the bill, was adopted on division on May 30, 2018.

After six months of study, Bill C-45, the Cannabis Act, passed third reading in the Senate. The Senate voted to adopt the Bill with a total of 46 amendments. While many of these amendments were technical and supported by the government, the Bill is being sent back to the House of Commons with several material changes. Notwithstanding possible tensions between the Senate and the House that may be created by amendments, legalizing recreational cannabis this summer remains a priority for the federal Liberal government. Senior government officials have indicated that Parliament will not adjourn for the summer until the Cannabis Act has received Royal Assent.

Extracts from Health Canada News Release and Quick Facts
June 20, 2018 – Ottawa, ON – Government of Canada

Today, the Government of Canada welcomed the final vote on Bill C-45, the Cannabis Act, in the Senate as an important step in the process of legalizing and strictly regulating cannabis in Canada. The Act is currently awaiting Royal Assent.

Two years ago, the Government of Canada launched the Task Force on Cannabis Legalization and Regulation. Following extensive consultation with Canadians, provincial and territorial governments and Indigenous communities, the Task Force presented recommendations, which have served as the foundation for the Government’s legislative work. In April 2017, the Government introduced Bill C-45 with the goals of keeping cannabis out of the hands of youth and keeping profits out of the hands of criminals and organized crime.

The Ministers of Justice, Health, and Public Safety and Emergency Preparedness also confirmed that the date of coming into force of the Cannabis Act will be announced shortly.

Once the Act comes into force, adults who are 18 or 19 years of age and older (depending on the province or territory) will be able to legally purchase, grow and use a limited quantity of cannabis. Until that time, cannabis remains illegal in Canada, unless authorized for medical or scientific purposes. Once in effect, the Cannabis Act will allow adults, subject to provincial or territorial restrictions, to:

• purchase fresh cannabis, dried cannabis, cannabis oil, cannabis seeds, or cannabis plants from retailers authorized by the provinces and territories;
• consume cannabis in locations authorized by local jurisdictions;
• possess up to 30 grams of dried legal cannabis or equivalent in the non-dried form in public;
• share up to 30 grams of dried legal cannabis with other adults;
• grow up to four cannabis plants per household (not per person) for personal use, from licensed seeds or seedlings from a licensed supplier; and
• make legal cannabis-containing products at home, such as food and drinks, provided that dangerous organic solvents are not used in making them.

Once the legislation receives Royal Assent, provinces and territories will be able to purchase cannabis from federally licensed producers, so that distributors and retailers can begin preparing retail access online or in physical stores; however, they will not be able to sell cannabis products to adults of legal age until the Cannabis Act comes into force.

The Cannabis Act creates a specific criminal offense for selling cannabis to a minor and creates significant penalties for those who engage young Canadians in cannabis-related offenses. Drug-impaired driving remains illegal in Canada. Law enforcement can currently detect drug-impaired driving using Standard Field Sobriety Testing and Drug Recognition Expert evaluation. Should Bill-C46 be passed by Parliament and receive Royal Assent, additional drug-impaired driving offenses will come into effect. Drug screening devices are currently being evaluated to meet Canadian standards and will provide law enforcement with an additional tool to detect drug-impaired driving should Bill C-46 be passed by Parliament and receive Royal Assent. It is illegal and will remain illegal once the Cannabis Act has come into force, for travelers to take cannabis out of Canada or to bring it back from other countries.

During the transition period between now and the coming into force of the Cannabis Act, the Government of Canada will continue to work with the provinces and territories, Indigenous communities, the regulated cannabis industry and law enforcement to prepare for implementation of the new legal framework for cannabis. In the coming days, Health Canada will publish final regulations under the Cannabis Act to provide Canadians and stakeholders with the information they need to be prepared for the legalization and regulation of cannabis.

The Government of Canada will broaden its public education activities to help Canadians understand the new legal framework for cannabis, including what will be legal and when, and to remind Canadians that it remains illegal to take cannabis across Canada’s international borders. These efforts will complement existing campaigns on the health effects of cannabis and the dangers of driving and working while impaired.

Contributed by Magdalena A K Muir

Sources:

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, https://openparliament.ca/bills/42-1/C-45/

Bill C-45 An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

http://www.parl.ca/LegisInfo/BillDetails.aspx?billId=8886269

Bill C-45 (Third Reading), November 27, 2017, http://www.parl.ca/DocumentViewer/en/42-1/bill/C-45/third-reading

Health Canada News Release re Bill C-45 (June 20, 2018)
https://www.canada.ca/en/health-canada/news/2018/06/bill-c-45-the-cannabis-act-passed-in-senate.html

Other Health Canada Publications

https://www.canada.ca/en/health-canada/news/2018/06/top-10-things-you-need-to-know-about-cannabis-in-canada.html

https://www.canada.ca/en/health-canada/news/2018/06/backgrounder-the-cannabis-act-the-facts.html

https://www.canada.ca/en/health-canada/news/2018/06/cannabis-public-education-activities.html

https://www.canada.ca/en/services/health/campaigns/cannabis.html