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Cannabis Law

Legislation:

Currently, cannabis production, use and distribution is prohibited in Canada. (Controlled Drugs and Substances Act).

For many years, the Canadian government has debated changing the cannabis laws. A recent Bill proposed to amend the laws by providing for the decriminalization and implementation of fines for possession of small amounts of cannabis, but severely increasing punishment for cultivation. Many cannabis activists were not supportive of these proposed Bills. (see press release by the Canadian Cannabis Coalition). The Bill did not pass.

Senate Report:

The Canadian Senate wrote an extensive report stating that the harms associated with cannabis were due to its prohibition, and recommending that cannabis be legalized and regulated:

Cannabis: Our Position for a Canadian Public Policy , Report of the Senate Special Committee On Illegal Drugs, September 2002

 

- Summary - html - pdf
- Volume I: General Orientation - html - pdf
- Volume II: Policies and Practices in Canada - html - pdf
- Volume III: Public Policy Options - html - pdf
- Volume IV: Appendix - html - pdf
 


The BCCCS was invited to testify before the senate committee. Here is the BCCCS Testimony to The Committee (PDF)


Medical Use:

The medical use of cannabis is also prohibited, unless it is done through Health Canada's Medical Marijuana Access Division. To read more about the programme, as well as our perspective on it, please go to our Health Canada page.


Case Law:

There have been several key cases in Canada that have challenged both the general prohibition of cannabis, and the MMAR itself.  Compassion clubs have also been involved in some court cases. Please visit lawyer John Conroy 's website for more information on legal cases. Here is his recap of the legal history of medicinal cannabis in the Canadian courts and why it is " still illegal after all these years." (PDF)