PART IV -- PUBLIC POLICY OPTIONS
CONCLUSIONS
RECOMMENDATIONS
PART I -- GENERAL ORIENTATION
CHAPTER 1 - OUR MANDATE
That a special committee of the Senate be struck to examine:
- the approach taken by Canada to cannabis,its preparations,derivatives and similar
synthetic preparations,in context;
- the effectiveness of this approach,the means used to implement it and the monitoring of
its application;
- the related official policies adopted by other countries;
- Canada's international role and obligations under United Nations agreements and
conventions on narcotics,in connection with cannabis,the Universal Declaration of
Human Rights and other related treaties; and
- the social and health impacts of cannabis and the possible consequences of different
policies;
CHAPTER 2 - OUR WORK
At the Committee's public hearings,the Chair presented the research program as
follows:
"In order to fully satisfy the mandate conferred upon the committee,the committee has adopted an action plan. This plan centres around three challenges.
- The first challenge is that of knowledge. We will be hearing from a wide variety of experts,both from Canada and afar,from academic settings,the police,legal specialists,medical specialists,the government sector and social workers.
- The second challenge,surely the most noble challenge,is that of sharing knowledge. The committee hopes that Canadians from coast to coast will be able to learn and share the information that we will have collected. In order to meet this challenge,we will work to distribute this knowledge and make it accessible to all. We would also like to hear the opinions of Canadians on this topic and in order to do so,we will be holding public hearings in the spring of 2000 throughout Canada.
- And finally,the third challenge for this committee will be to examine and identify the guiding principles on which Canada's public policy on drugs should be based."
CHAPTER 3 - GUIDING PRINCIPLES
On the whole,the legal basis of the criminal law is weak where the prescribed
standard
- first,does not concern a relationship with others and where the characteristics
of the relationship do not establish a victim and a perpetrator able to recognize his/her
actions;
- second,has to find its justification outside fundamental social relationships;
- and third,results in the form of enforcement,the harmful effects of which undermine
and challenge the very legitimacy of the law. Where criminal law is involved in these
issues,the very standard prescribed by the law turns the perpetrator into the victim and
tries to protect him from himself,something it can do only by producing a
never-ending stream of knowledge that remains constantly out of his reach. In this
context only offences involving significant direct danger to others should be
matters of criminal law.
CHAPTER 4 - A CHANGING CONTEXT
This chapter puts the Committee's work in context. In recent years,in fact,in the
past few months,events of some significance have taken place; some directly linked to
illegal drugs,others far removed from them. Obviously,September 11 comes to mind.
In social and political terms,the claims of medical users,of recreational users,within
the changing context of drug use and,more generally,inter-generational conflict,have
to be taken into account. Legislation passed in the aftermath of September 11,some
provisions of which could affect police drug investigations,the fight against organized
crime and the trial of the Hells Angels in Quebec,must also be taken into account. In
legal terms,court decisions have had a direct effect on medical use and a decision will
be rendered in the next few months by the Supreme Court on recreational use. In
international terms,the fragility of the UNDCP and the development of a continental
drug policy for the Americas are relevant to an understanding of certain issues that may
even overdetermine national policy. Finally,globalization and the more extreme forms
of economic liberalism have been factors too,primarily in western societies but
worldwide as well,in the increase of addictive behaviours,be they the use of drugs or
other substitutes for social life.
PART ll - CANNABIS: EFFECTS, TYPES OF USE, ATTITUDES
CHAPTER 5 - CANNABIS: FROM PLANT TO JOINT
Available information on cannabis markets is weak and contradictory. Since 1997,
the RCMP's annual reports on drugs suggest that 800 tons of cannabis circulate in
Canada each year. Yet,many people told us that cannabis production has increased
significantly and that cannabis has become more available than ever in this country.
Data on the economic value of the cannabis market are no more reliable. We noted
that:
- The size of the national production has significantly increased,and it is estimated that
50% of cannabis available in Canada is now produced in the country;
- The main producer provinces are British Columbia,Ontario and Quebec;
- Estimates of the monetary value of the cannabis market are unreliable. For example,
if 400 tons are grown yearly in Canada,at a street value of $225 per ounce,the total
value of the Canadian production would be less than $6 billion per year,less than the
often quoted value of the BC market alone;
- An unknown proportion of national production is exported to the United States; and
- A portion of production is controlled by organized crime elements.
We heard many alarmist comments on the increased level of active ingredient
(THC) in cannabis,however,it is currently impossible to estimate the average content
of cannabis available in the market. More sophisticated growing methods have likely
contributed to increasing the THC concentration. We observed that:
- In its natural state,cannabis contains between 0.5% and 3% THC. Sophisticated
growing methods and genetic progress have made it possible to increase THC
content in recent years,but it is impossible to estimate the average content of
cannabis available in the market; it is reasonable to consider that content varies
between 6% and 31%.
CHAPTER 6 - USERS AND USES: FORM,PRACTICE,CONTEXT
CHAPTER 7 - CANNABIS: EFFECTS AND CONSEQUENCES
With respect to the effects of cannabis,the Committee observed that:
- The immediate effects of cannabis are characterized by feelings of euphoria,
relaxation and sociability; they are accompanied by impairment of short-term
memory,concentration and some psychomotor skills; and
- Long term effects on cognitive functions have not been established in research.
The Committee has distinguished between use,at-risk use and excessive use.
Quantities used,psychosocial characteristics of the users and factors related to use
contexts and quality of the substance all come into play to explain the passage from one
category to the other. On at-risk use,the Committee observed that:
- Most users are not at-risk users insofar as their use is regulated,irregular and
temporary,rarely beyond 30 years of age;
- For users above 16,at-risk use is defined as using between 0.1 to 1 gram per day; and
- Available epidemiological data suggests that approximately 100,000 Canadians might
be at-risk users.
- The Committee feels that,because of its potential effects on the endogenous
cannabinoid system and cognitive and psychosocial functions,any use in those under
age 16 is at-risk use.
With respect to excessive use we observed that:
- More than one gram per day over a long period of time is heavy use,which can have
certain negative consequences on the physical,psychological and social well-being of
the user. According to the epidemiological data available,there is reason to believe
that approximately 80,000 Canadians above age 16 could be excessive users;
- For those between the ages of 16 and 18,heavy use is not necessarily daily use but use
in the morning,alone or during school activities;
- Heavy use can have negative consequences for physical health,in particular for the
respiratory system (chronic bronchitis,cancer of the upper respiratory tract);
- Heavy use of cannabis can result in negative psychological consequences for users,in
particular impaired concentration and learning and,in rare cases and with people
already predisposed,psychotic and schizophrenic episodes;
- Heavy use of cannabis can result in consequences for a user's social well-being,in
particular their occupational and social situation and their ability to perform tasks; and
- Heavy use of cannabis can result in dependence requiring treatment; however,
dependence caused by cannabis is less severe and less frequent than dependence on
other psychotropic substances,including alcohol and tobacco.
CHAPTER 8 - DRIVING UNDER THE INFLUENCE OF CANNABIS
The Committee feels it is quite likely that cannabis makes users more cautious,
partly because they are aware of their deficiencies and compensate by reducing speed
and taking fewer risks. However,because what we are dealing with is no longer the
consequences on the users themselves,but the possible consequences of their
behaviour on others,the Committee feels that it is important to opt for the greatest
possible caution with respect to the issue of driving under the influence of cannabis.
Given what we have seen,we conclude the following:
- Between 5% and 12% of drivers may drive under the influence of cannabis; this
percentage increases to over 20% for young men under 25 years of age;
- Cannabis alone,particularly in low doses,has little effect on the skills involved in
automobile driving. Cannabis leads to a more cautious style of driving. However it
has a negative impact on decision time and trajectory. This in itself does not mean
that drivers under the influence of cannabis represent a traffic safety risk;
- A significant percentage of impaired drivers test positive for cannabis and alcohol
together. The effects of cannabis when combined with alcohol are more significant
than is the case for alcohol alone;
- Despite recent progress,there does not yet exist a reliable and non intrusive rapid
roadside testing method;
- Blood remains the best medium for detecting the presence of cannabinoids;
- Urine cannot screen for recent use;
- Saliva is promising,but rapid commercial tests are not yet reliable enough;
- The visual recognition method used by police officers has yielded satisfactory results;
and
- It is essential to conduct studies in order to develop a rapid testing tool and learn
more about the driving habits of cannabis users.
CHAPTER 9 - USE OF MARIJUANA FOR THERAPEUTIC PURPOSES
The
question,and the only question,for physicians as professionals is whether,to what
extent and in what circumstances,marijuana serves a therapeutic purpose. Physicians
should have to determine whether people with certain diseases would benefit from
marijuana use and weigh the side effects against the benefits. If they do decide the
patient should use marijuana,they then have to consider how he or she might get it.
- The quality and effectiveness of marijuana,primarily smoked marijuana,have not
been determined in clinical studies;
- There have been some studies of synthetic compounds,but the knowledge base is
still too small to determine effectiveness and safety;
- Generally,the effects of smoked marijuana are more specific and occur faster than
the effects of synthetic compounds;
- The absence of certain cannabinoids in synthetic compounds can lead to harmful side
effects,such as panic attacks and cannabinoid psychoses;
- Smoked marijuana is potentially harmful to the respiratory system;
- People who smoke marijuana for therapeutic purposes self-regulate their use
depending on their physical condition and do not really seek the psychoactive effect;
- People who smoke marijuana for therapeutic purposes prefer to have a choice as to
methods of use;
- Measures should be taken to support and encourage the development of alternative
practices,such as the establishment of compassion clubs;
- The practices of these organizations are in line with the therapeutic indications arising
from clinical studies and meet the strict rules on quality and safety;
- The studies that have already been approved by Health Canada must be conducted as
quickly as possible;
- The qualities of the marijuana used in those studies must meet the standards of
current practice in compassion clubs,not NIDA standards;
- The studies should focus on applications and the specific doses for various medical
conditions; and
- Health Canada should,at the earliest possible opportunity,undertake a clinical study
in cooperation with Canadian compassion clubs
CHAPTER 10 - CANADIANS: OPINIONS AND ATTITUDES
- Public opinion on marijuana is more liberal than it was 10 years ago;
- There is a tendency to think that marijuana use is more widespread and that
marijuana is more available than it used to be;
- There is a tendency to think that marijuana is not a dangerous drug;
- The concern about organized crime is significant;
- Support for medical use of marijuana is strong;
- There is a tendency to favour decriminalization or,to a lesser degree,legalization;
- People criticize enforcement of the legislation in regards to simple possession of
marijuana; and
- There is a concern for youth and children.
See also: Media Section [ in whole ]
PART III -- POLICIES AND PRACTICES IN CANADA
CHAPTER 11 - A NATIONAL DRUG STRATEGY?
- Canada urgently needs a comprehensive and coordinated national drug strategy for
which the federal government provides sound leadership;
- Any future national drug strategy should incorporate all psychoactive substances,
including alcohol and tobacco;
- To be successful,a national drug strategy must involve true partnerships with all
levels of government and with non-governmental organizations;
- Over the years,the intermittency of funding has diminished the ability to coordinate
and implement the strategy; adequate resources and a long-term commitment to
funding are needed if the strategy is to be successful;
- Clear objectives for the strategy must be set out,and comprehensive evaluations of
these objectives and the results are required;
- At the developmental stage,there is a need to identify clear and shared criteria for
"success";
- The core funding for the Canadian Centre on Substance Abuse (CCSA) has been
insufficient for it to carry out its mandate; proper funding for the CCSA is essential;
- There is a need for an independent organization - the CCSA - to conduct national
surveys at least every second year; there is also a need to achieve some level of
consistency,comparability and similar time frames for provincially-based school
surveys;
- Coordination at the federal level should be given to a body that is not an integral part
of one of the partner departments; and
- Canada's Drug Strategy's should adopt a balanced approach - 90% of federal
expenditures are currently allocated to the supply reduction.
CHAPTER 12 - THE NATIONAL LEGISLATIVE CONTEXT
- Early drug legislation was largely based on a moral panic,racist sentiment and a
notorious absence of debate;
- Drug legislation often contained particularly severe provisions,such as reverse onus
and cruel and unusual sentences; and
- The work of the Le Dain Commission laid the foundation for a more rational
approach to illegal drug policy by attempting to rely on research data. The Le Dain
Commission's work had no legislative outcome until 1996 in certain provisions of the
Controlled Drugs and Substances Act,particularly with regard to cannabis.
CHAPTER 13 - REGULATING THERAPEUTIC USE OF CANNABIS
- The MMAR are not providing a compassionate framework for access to marijuana
for therapeutic purposes and are unduly restricting the availability of marijuana to
patients who may receive health benefits from its use;
- The refusal of the medical community to act as gatekeepers and the lack of access to
legal sources of cannabis appear to make the current regulatory scheme an "illusory"
legislative exemption and raises serious Charter implications;
- In almost one year,only 255 people have been authorized to possess marijuana for
therapeutic purposes under the MMAR and only 498 applications have been received
- this low participation rate is of concern;
- Changes are urgently needed with regard to who is eligible to use cannabis for
therapeutic purposes and how such people gain access to cannabis;
- Research on the safety and efficacy of cannabis has not commenced in Canada
because researchers are unable to obtain the product needed to conduct their trials;
- No attempt has been made in Health Canada's current research plan to acknowledge
the considerable expertise currently residing in the compassion clubs;
- The development of a Canadian source of research-grade marijuana has been a
failure.
CHAPTER 14 - POLICE PRACTICES
- The annual cost of drug enforcement in Canada is estimated to be between
$700 million and $1 billion;
- Reduced law enforcement activities resulting from amendments to the drug legislation
on cannabis could produce substantial savings or a significant reallocation of funds by
police forces to other priorities;
- Due to the consensual nature of drug offences,police have been granted substantial
enforcement powers and have adopted highly intrusive investigative techniques; these
powers are not unlimited,however,and are subject to review by Canadian courts;
- Over 90,000 drug-related incidents are reported annually by police; more than
three-quarters of these incidents relate to cannabis and over 50% of all drug-related
incidents involve possession of cannabis;
- From 1991 to 2001,the percentage change in rate per 100,000 people for cannabisrelated
offences is +91.5
- thus,the rate of reported cannabis-related offences has
almost doubled in the past decade;
- The number of reported incidents related to the cultivation of cannabis increased
dramatically in the past decade;
- Reported incident rates vary widely from province to province;
- Cannabis was involved in 70% of the approximately 50,000 drug-related charges in
1999. In 43% of cases (21,381),the charge was for possession of cannabis.;
- The rate of charges laid for drug offences vary significantly from province to
province;
- The uneven application of the law is of great concern and may lead to discriminatory
enforcement,alienation of certain groups within society,and creation of an
atmosphere of disrespect for the law; in general,it raises the issue of fairness and
justice; and
- Statistics on seizure seem to confirm an increase in cannabis cultivation in Canada
and also a shift in police priorities regarding this offence.
CHAPTER 15 - THE CRIMINAL JUSTICE SYSTEM
- The cost of prosecuting drug offences in 2000-2001 was $57 million with
approximately $5 million or roughly 10% of the total budget relating to prosecuting
cannabis possession offences;
- In 1999,it was estimated that Canadian criminal courts heard 34,000 drug cases,
which involved more than 400,000 court appearances;
- The Drug Treatment Court initiatives seem very encouraging,although
comprehensive evaluations are needed to ensure such programs are effective;
- Disposition and sentencing data with respect to drug-related offences are incomplete
and there is an urgent need to correct this situation;
- Correctional Service Canada spends an estimated $169 million annually to address
illicit drugs through incarceration,substance abuse programs,treatment programs and
security measures; expenditures on substance abuse programs are unreasonably low,
given the number of inmates who have substance-abuse dependence problems;
- A criminal conviction can negatively affect a person's financial situation,career
opportunities and restrict travel. In addition,it can be an important factor in future
dealings with the criminal justice system; and
- Provincial courts of appeal have so far maintained the constitutionality of cannabis
prohibition. They have found that because there is some evidence of harm caused by
marijuana use that is neither trivial nor insignificant,Parliament has a rational basis to
act as it has done,and the marijuana prohibition is therefore consistent with the
principles of fundamental justice in section 7 of the Charter. These decisions have
been appealed,and the Supreme Court of Canada will soon decide whether cannabis
prohibition is constitutionally sound.
CHAPTER 16 - PREVENTION
- Prevention is not designed to control but rather to empower individuals to make
informed decisions and acquire tools to avoid at-risk behaviour;
- A national drug strategy should include a strong prevention component;
- Prevention strategies must be able to take into account contemporary knowledge
about drugs;
- Prevention messages must be credible,verifiable and neutral;
- Prevention strategies must be comprehensive,cover many different factors and
involve the community;
- Prevention strategies in schools should not be led by police services or delivered by
police officers;
- The RCMP should reconsider its choice of the DARE program that many evaluation
studies have shown to be ineffective;
- Prevention strategies must include comprehensive evaluation of a number of key
elements;
- A national drug strategy should include mechanisms for widely disseminating the
results of research and evaluations;
- Evaluations must avoid reductionism,involve stakeholders in prevention,be part of
the program,and include longitudinal impact assessment;
- Harm reduction strategies related to cannabis should be developed in coordination
with educators and the social services sector; and
- Harm reduction strategies related to cannabis should include information on the risks
associated with heavy chronic use,tools for detecting at-risk and heavy users and
measures to discourage people from driving under the influence of marijuana.
CHAPTER 17 - TREATMENT PRACTICES
- The expression "drug addiction" should no longer be used and we should talk instead
of substance abuse and dependency;
- Between 5% and 10% of regular cannabis users are at risk of developing a
dependency;
- Physical dependency on cannabis is virtually non-existent;
- Psychological dependency is moderate and is certainly lower than for nicotine or
alcohol;
- Most regular users of cannabis are able to diverge from a trajectory of dependency
without requiring treatment;
- There are many forms of treatment but nothing is known about the effectiveness of
the different forms of treatment for cannabis dependency specifically;
- As a rule,treatment is more effective and less costly than incarceration;
- Studies of the treatment programs should be conducted,including treatments
programs for people with cannabis dependency; and
- Studies should be conducted on the interaction of the cannabinoid and the opioid
systems.
CHAPTER 18 - OBSERVATIONS ON PRACTICES
A study published by CCSA in 1996 but based on 1992 data had identified the
following costs of substance abuse:
PART IV -- PUBLIC POLICY OPTIONS
CHAPTER 19 - THE INTERNATIONAL LEGAL ENVIRONMENT
- The series of international agreements concluded since 1912 have failed to achieve
their ostensible aim of reducing the supply of drugs;
- The international conventions constitute a two-tier system that regulates the synthetic
substances produced by the North and prohibits the organic substances produced by
the South,while ignoring the real danger the substances represent for public health;
- When cannabis was included in the international conventions in 1925,there was no
knowledge of its effects;
- The international classifications of drugs are arbitrary and do not reflect the level of
danger they represent to health or to society;
- Canada should inform the international community of the conclusions of our report
and officially request the declassification of cannabis and its derivatives.
CHAPTER 20 - PUBLIC POLICIES IN OTHER COUNTRIES
The vast majority of Canadians have heard about the "war on drugs" which the
USA is conducting and about its prohibitionist approach,but many would be surprised
to see the major variations between states,indeed between cities,within that country.
Even fewer know that Sweden enforces a prohibitionist policy at least as strict as that
of the US,but through other means. Many of us have,in one way or another,heard
about the "liberal" approach introduced in the Netherlands in 1976. Fewer people
know of the Spanish,Italian,Luxembourg or Swiss approaches,which are even more
liberal in certain respects. More recently,Canadians learned of the decision by the UK's
Minister of the Interior to reclassify cannabis as a Class C drugs,but it is not clear that
we know precisely what that means. In view of the preconceptions that many may have
in relation to France with regard to wine,many may be surprised to learn that its policy
on cannabis appears more "conservative" than that of neighbouring Belgium,for
example.
CHAPTER 21 - PUBLIC POLICY OPTIONS
A regulatory system for cannabis should permit,specifically:
- more effective targeting of illegal traffic and a reduction in the role
played by organized crime;
- prevention programs better adapted to the real world and better able
to prevent and detect at-risk behaviour;
- enhanced monitoring of products,quality and properties;
- better user information and education; and
- respect for individual and collective freedoms,and legislation more in
tune with the behaviour of Canadians.
In our opinion,Canadian society is ready for a responsible policy of
cannabis regulation that complies with these basic principles.
CONCLUSIONS
The Committee has endeavoured to take the pulse of Canadian public opinion and
attitudes and to consider the guiding principles that are likely to shape public policy on
illegal drugs,particularly cannabis. Our report has attempted to provide an update on
the state of knowledge and the key issues,and sets out a number of conclusions in each
chapter.
- Billions of dollars have been sunk into enforcement without any greater effect. There
are more consumers,more regular users and more regular adolescent users;
- Billions of dollars have been poured into enforcement in an effort to reduce supply,
without any greater effect. Cannabis is more available than ever,it is cultivated on a
large scale,even exported,swelling coffers and making organized crime more
powerful; and
- There have been tens of thousands of arrests and convictions for the possession of
cannabis and thousands of people have been incarcerated. However,use trends
remain totally unaffected and the gap the Commission noted between the law and
public compliance continues to widen.
It is time to recognize what is patently obvious: our policies have been ineffective,
because they are poor policies.
INEFFECTIVENESS OF THE CURRENT APPROACH
Clearly,current approaches are ineffective and inefficient. Ultimately,their effect
amounts to throwing taxpayers money down the drain in a crusade that is not
warranted by the danger posed by the substance. It has been maintained that drugs,
including cannabis,are not dangerous because they are illegal but rather are illegal
because they are dangerous. This is perhaps true of other types of drugs,but not of
cannabis. We should state this clearly once and for all,for public good: it is time to stop
this crusade.
PUBLIC POLICY BASED ON GUIDING PRINCIPLES
However much we might wish good health and happiness for everyone,we all
know how fragile they are. Above all,we realize that health and happiness cannot be
forced on a person,especially not by criminal law based on a specific concept of what is
morally "right". No matter how attractive calls for a drug-free society might be,and even
if some people might want others to stop smoking,drinking alcohol,or smoking joints,
we all realize that these activities are part of our social reality and the history of
humankind.
A CLEAR AND COHERENT FEDERAL STRATEGY
Although the Committee has focused on cannabis,we have nevertheless observed
inherent shortcomings in the federal drug strategy. Quite obviously,there is no real
strategy or focused action. Behind the assumed leadership provided by Health Canada
there emerges a lack of necessary tools for action,a patchwork of ad hoc approaches
varying from one substance to another and piecemeal action by various departments.
A PUBLIC HEALTH POLICY
- When cannabis was listed as a prohibited substance in 1923,no public debate or
discussion was held on the known effects of the drug. In fact,opinions expressed were
disproportionate to the dangers of the substance.
- We have demonstrated that criminal law is not an appropriate governance tool
for matters relating to personal choice and that prohibition is known to result in harm
which often outweighs the desired positive effects.
- Indeed available data indicate that the scale of the cannabis use phenomenon can
no longer be ignored.
-All of this does not in any way mean,however,that cannabis use should be
encouraged or left unregulated.
A REGULATORY APPROACH TO CANNABIS
The prohibition of cannabis does not bring about the desired reduction in
cannabis consumption or problematic use. However,this approach does have a
whole series of harmful consequences. Users are marginalized,and over
20,000 Canadians are arrested each year for cannabis possession. Young people in
schools no longer enjoy the same constitutional and civil protection of their rights as
others. Organized crime benefits from prohibition and the criminalization of cannabis
enhances their power and wealth. Society will never be able to stamp out drug use -
particularly cannabis use.
Amendment to the Controlled Drugs and Substances Act (CDSA)
(Production and sale of cannabis for non therapeutic purposes)
A. General aims of the bill
- To reduce the injurious effects of the criminalization of the use and possession
of cannabis and its derivatives;
- To permit persons over the age of 16 to procure cannabis and its derivatives at
duly licensed distribution centres; and
- To recognize that cannabis and its derivatives are psychoactive substances that
may present risks to physical and mental health and,to this end,to regulate the
use and trade of these substances in order to prevent at-risk use and excessive
use.
B. Licence to distribute
Amend the Act to create a scheme providing for exemption to the criminal offences
provided in the CDSA with respect to the distribution of cannabis. A Canadian
resident may obtain a licence to distribute cannabis. The resident must undertake
not to distribute to persons under the age of 16; must never have been
sentenced for a criminal offence,with the exception of offences related to the
possession of cannabis,for which an amnesty will be declared; and must agree to
procure cannabis only from duly licensed producers. In addition,in accordance with
potential restrictions under the Canadian Charter of Rights and Freedoms,licensed
distributors shall not display products explicitly and shall not advertise in any
manner.
C. Licence to produce
Amend the Act to create an exemption to the criminal offences provided in the
CDSA with respect to the production of cannabis. A Canadian resident may obtain a
licence to produce cannabis. The resident must undertake to only sell to duly
licensed distributors; to sell only marijuana and hashish with a THC content of 13%
or less; to limit production to the quantity specified in the licence; to take the
measures needed to ensure the security of production sites; to keep detailed records
of quantities produced,crops,levels of THC concentration and production
conditions; and to submit to departmental inspections. No person charged with and
sentenced for criminal offences,with the exception of the possession of cannabis,
for which an amnesty will be declared,shall be granted a licence. No person or legal
entity,directly or indirectly associated with the production,manufacture,promotion,
marketing or other activity connected with tobacco products and derivatives shall be
granted a licence. In accordance with potential restrictions under the Canadian
Charter of Rights and Freedoms,cannabis products and their derivatives shall not
be advertised in any manner.
D. Production for personal use
Amend the Act to create an exemption to the criminal offences provided in the
CDSA in order to permit the personal production of cannabis so long as it is not
sold for consideration or exchange in kind or other and not advertised or promoted
in any other way. In addition,quantities shall be limited to ensure production is truly
for personal consumption.
E. Consumption in public
Consumption in public places frequented by young people under 16 years of
age shall be prohibited.
F. International trade
All forms of international trade,except those explicitly permitted under the Act
shall be subject to the penalties provided in the CDSA for illegal trafficking.
G. Other proposals
- Ensure the establishment of a National Cannabis Board with duly mandated
representatives of the federal government and the governments of the
provinces and territories. The Board would keep a national register on the
production and sale of cannabis and its derivatives,set the amount and
distribution of taxes taken on the sale of cannabis products and ensure the
taxes collected on the production and sale of cannabis and derivatives are
directed solely to prevention of at-risk use,treatment of excessive users,
research and observation of trends and the fight against illegal trafficking.
- The provinces and territories would continue to develop prevention
measures that should be directed at at-risk use,as a priority. The Canadian
Centre on Psychoactive Substances and Dependency should be mandated to
collect best treatment practices and ensure an exchange of information on
effective practices and their evaluation.
- The provinces and territories would continue to develop support and
treatment measures that should be directed at excessive use,as a priority.
The Canadian Centre on Psychoactive Substances and Dependency should be
mandated to collect best prevention practices and ensure an exchange of
information on effective practices and their evaluation.
- Resources available to police and customs to fight smuggling,export in all
its forms and cross-border trafficking should be increased.
RECOMMENDATIONS
Recommendation 1
The Committee recommends that the position of National Advisor on Psychoactive Substances and Dependency be created within the Privy Council Office; that the Advisor be supported by a small secretariat and that the necessary staff be assigned by federal departments and agencies involved with psychoactive substances on request.
Recommendation 2
The Committee recommends that the Government of Canada mandate the National Advisor on Psychoactive Substances and Dependency to call a high-level conference of key stakeholders from the provinces,territories,municipalities and associations in 2003,to set goals and priorities for action on psychoactive substances over a five-year period.
Recommendation 3
The Committee recommends that the Government of Canada amend the enabling legislation of the Canadian Centre on Substance Abuse to change the Centre's name to the Canadian Centre on Psychoactive Substances and Dependency ; make the Centre accountable to Parliament; provide the Centre with an annual basic operating budget of $15 million to be increased annually; require the Centre to table an annual report on actions taken,key issues,research and trends in Parliament and in the provincial and territorial legislatures; mandate the Centre to ensure national coordination of research on psychoactive substances and dependency and to conduct studies into specific issues; and mandate the Centre to undertake an assessment of the national strategy on psychoactive substance and dependency every five years.
Recommendation 4
The Committee recommends that,in the legislation creating the Canadian Centre on Psychoactive Substances and Dependency,the Government of Canada specifically include provision for the setting up of a Monitoring Agency on Psychoactive Substances and Dependency within the Centre; provide that the Monitoring Agency be mandated to conduct studies every two years,in cooperation with relevant bodies,on drug-use trends and dependency problems in the adult population; work with the provinces and territories towards increased harmonization of studies of the student population and to ensure they are carried out every two years; conduct ad hoc studies on specific issues; and table a bi-annual report on drug-use trends and emerging problems.
Recommendation 5
The Committee recommends that the Government of Canada adopt an integrated policy on the risks and harmful effects of psychoactive substances covering the whole range of substances (medication,alcohol,tobacco and illegal drugs). With respect to cannabis,this policy should focus on educating users,detecting and preventing at-risk use and treating excessive use.
Recommendation 6
The Committee recommends that the Government of Canada amend the Controlled Drugs and Substances Act to create a criminal exemption scheme. This legislation should stipulate the conditions for obtaining licences as well as for producing and selling cannabis; criminal penalties for illegal trafficking and export; and the preservation of criminal penalties for all activities falling outside the scope of the exemption scheme.
Recommendation 7
The Committee recommends that the Government of Canada declare an amnesty for any person convicted of possession of cannabis under current or past legislation.
Recommendation 8
The Committee recommends that the Marijuana Medical Access Regulations be amended to provide new rules regarding eligibility,production and distribution with respect to cannabis for therapeutic purposes. In addition,research on cannabis for therapeutic purposes is essential.
Recommendation 9
The Committee recommends that the Criminal Code be amended to lower permitted alcohol levels to 40 milligrams of alcohol per 100 millilitres of blood,in the presence of other drugs,especially,but not exclusively cannabis; and to admit evidence from expert police officers trained in detecting persons operating vehicles under the influence of drugs.
Recommendation 10
The Committee recommends that the Government of Canada create a national fund for research on psychoactive substances and dependency to fund research on key issues,more particularly on various types of use,on the therapeutic applications of cannabis,on tools for detecting persons operating vehicles under the influence of drugs and on effective prevention and treatment programs; that the Government of Canada mandate the Canadian Centre on Psychoactive Substances and Dependency to co-ordinate national research and serve as a resource centre.
Recommendation 11
The Committee recommends that the Government of Canada instruct the Minister of Foreign Affairs and International Trade to inform the appropriate United Nations authorities that Canada is requesting an amendment to the conventions and treaties governing illegal drugs; and that the development of a Drugs and Dependency Monitoring Agency for the Americas be supported by the Government of Canada.
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