Recreational Marijuana PDF

THE CORPORATION OF THE CITY OF NELSON
REQUEST FOR DECISION

DATE: December 4, 2017 Regular
TOPIC: Recreational Cannabis
PROPOSAL: Proposed Zoning Bylaw Amendment and Public Engagement
Strategy
PROPOSED BY: Staff
____________________________________________________________________________
ANALYSIS SUMMARY:
Development Services is seeking approval of a zoning bylaw amendment, as well as a
public engagement strategy. Staff are proposing a zoning bylaw amendment that
provides for a moratorium on issuing any additional business licenses or allowing
zoning that would result in additional retail sales of cannabis whether recreational or
medical. This moratorium will be achieved by making changes to the zoning bylaw.
This moratorium will be in place until the provincial legislation and regulations are
passed into law and Council has completed its community consultation process and
developed its own regulations.
Zoning and business licensing was put in place for medicinal retail cannabis outlets as a
stop gap measure until the federal and provincial governments developed legislation for
cannabis. Council committed at that time to consult with the community prior to
finalizing zoning and other relevant bylaws for the proposed sale of cannabis.
Staff anticipate that there should be a direction from the provincial government by early
2018 which will be important information in shaping the regulations that will be required
at the local government level.
In conjunction with the moratorium, staff are requesting approval of a public

engagement strategy in order to consult with the public and key stakeholder groups and
bring forward regulations for Council approval by July 2018 that reflect community
feedback and are consistent with the federal and provincial regulations and objectives.
BACKGROUND:
In April 2017 the federal government introduced Bill C-45 to legalize recreational
cannabis in July 2018. The federal bill outlines a framework for regulating cannabis
production and sets standards for health and safety, establishing criminal prohibitions,
and clarifying what aspects of cannabis regulation will be the responsibility of the
provinces.
The proposed Cannabis Act seeks to achieve the following objectives:
restrict youth access to cannabis;

protect young persons by prohibiting promotion or enticements to use
cannabis;
enhance public awareness of the health risks associated with cannabis;
deter and reduce criminal activity by imposing serious criminal penalties
for those breaking the law, especially those who provide cannabis to
young persons;
protect public health through strict product safety and quality
requirements;
provide for the legal production of cannabis to reduce illegal activities;
allow adults to possess and access regulated, quality-controlled, legal
cannabis; and,
reduce the burden on the criminal justice system.
Governmental role in legalization of recreational cannabis

The proposed Cannabis Act would create a strict framework for controlling the
production, distribution, sale, import, export and possession of cannabis in Canada. The
proposed Act would create a comprehensive national framework that would enable
provinces and territories to tailor certain rules in their jurisdictions.
The provinces and territories would license and oversee the distribution and sale of
cannabis, subject to minimum federal conditions. Provinces and territories, together with
municipalities, could also tailor certain rules in their own jurisdictions, and enforce them
through a range of tools such as tickets. These rules may include:
Licensing the distribution and retail sale in their respective jurisdictions, and
carrying out associated compliance and enforcement activities;
Setting additional regulatory requirements to address issues of local concern. For
example, provinces and territories could set a higher minimum age or more
restrictive limits on possession or personal cultivation, including lowering the
number of plants or restricting where it may be cultivated;
Establishing provincial zoning rules for cannabis-based businesses;
Restricting where cannabis may be consumed; and
Amending provincial traffic safety laws to address driving while impaired by
cannabis (e.g., providing for 24-hour licence suspensions for adults or zero
tolerance for young drivers).
Active involvement of provincial and territorial governments will be critical in helping to

ensure that young people do not have access to cannabis and that those who sell
outside the legal framework face stiff criminal penalties.
It appears that local governments will be able to provide additional regulations in the
following areas:
1. Retail sales similar to alcohol the province likely will issue licenses and be
primarily responsible for enforcement. The province may put in rules such as
restricting co-location with other products such as alcohol, proximity to schools,
to retail liquor outlets or possibly each other. Local governments zoning bylaws
will apply as to locations, proximity to schools, parks, youth centers, each other,
liquor outlets, numbers etc. Local governments will also have business licensing
authorities.
2. Public consumption the province will regulate and establish penalties which will
likely be modeled on existing tobacco or liquor regulations. Local government
will likely be able to put in further restrictions if it is modeled after tobacco
similar to the Citys existing Clean Air bylaw.
3. Personal cultivation 4 plant limit per household has been set at the federal
level; the province has the right to lower but not increase this limit. The province
may also put in further restrictions such as public visibility and security
requirements and add administrative penalties. It is unclear whether local
governments will be able to add further restrictions.
Although the Provincial Government has yet to confirm what level of regulation they will
be providing for retail distribution, public consumption and personal cultivation, local
governments will need to have regulations in place prior to July.
If Nelsons regulations are not in place for retail locations, as long as retail outlets had a
provincial licence, they could locate in Nelson anywhere that retail is currently permitted
in the city which is in commercial zones (C1, C2 and C3) and mixed-use zones (MU2,
MU3, MU4 and MU5). This includes all of the downtown, Railtown, along Front Street
and Nelson Avenue, adjacent to the highway on the North Shore, in neighbourhood
grocery stores, a few locations along Hall Mines Road, as well as along the waterfront
including two key development sites, Kutenai Landing and Nelson Landing.
Anecdotally, individuals have already identified to staff that they are going to lease
space in the downtown in anticipation of legalization in July. It is proposed that Council
start its process early enough to create certainty prior to legalization in July 2018.
Zoning and Other Bylaw Amendments

The proposed zoning amendment will define recreational cannabis as distinct from other
retail uses, and then identify that it is not a permitted use in any zone in the city. This is
an interim measure that will provide staff with the time to obtain community feedback
and to get better information on the provincial regulations and model (e.g. private versus
government owned outlets). Staff will bring forward its proposed regulations via a
second zoning amendment and other regulations that will address zoning, business
licensing and possibly the Clean Air bylaw, which will allow Council to pass new or
amend bylaws prior to July 2018.
Public Engagement Strategy

In thinking about how legalizing cannabis will affect us locally and how we can manage
legalization in the best interests of all Nelson residents, community feedback will be
important in the development of bylaws and policies to respond to the legalization of
cannabis.
In obtaining this feedback, it will be important to identify for the community the larger
context for this discussion which includes the goals of the Province of British Columbia
and the Government of Canada,
keeping cannabis out of the hands of children;
protecting public health;
limiting the illegal market for cannabis; and
promoting safety on roads, in work places and public spaces;
and also the goals of the City of Nelson,

to deliver sustainable municipal services and good governance which enhance
the quality of life for our residents, foster a positive business climate and provide
a world class experience to our visitors.
a. Public Engagement Strategy Goals

The City is looking for community feedback on regulations for retail cannabis outlets
in Nelson, and regulations on public consumption and personal cultivation of
cannabis. Key goals in the public engagement strategy are:
to identify the roles of the various levels of government in the legalization of
cannabis process, and specifically, identify that part of the process that our
community can have input into;
to identify contextually for the community the key outcomes that are essential
to the discussion prior to them providing feedback;
to identify the number, location, and separation distances between retail
cannabis outlets and gather feedback on where cannabis can be consumed;
to obtain feedback from a diverse and broad cross section of the community,
and specifically, those potentially most impacted by the legalization; and,
to educate and inform residents on all aspects of the legalization of cannabis.
b. Key Stakeholder Groups

In addition to the general public, key groups to consult include:
Youth agencies (School District 8, Parent Advisory Committees, Nelson &
District Youth Centre, Selkirk College)
Seniors groups
Local cannabis industry including the existing medical cannabis dispensaries
Business community and agencies (local businesses, Nelson & District
Chamber of Commerce, Downtown Business Association and Block
Committee, Nelson & Area Economic Development, Nelson Kootenay Lake
Tourism)
Health agencies (Interior Health, local physicians, local pharmacies)
Nelson Police Department and Bylaw Enforcement
Social agencies (Nelson CARES, Nelson Committee on Homelessness,
Street Culture Collaborative, SPAN Nelson)
Staff will be contacting these groups to identify the best way for them to provide
feedback.
c. Public Engagement Techniques

A variety of public engagement opportunities will be available to ensure that a broad
cross-section of the community is consulted. Public engagement techniques will
range from specific events that people can attend, to being able to provide feedback
from ones own home.
i. Facilitator
It is proposed that the City hire a facilitator to work with staff to fully develop the
public engagement strategy and undertake the public engagement events. An RFP
is currently underway, with a closing date of December 11, 2017.
ii. Feedback Form

Integral to the public engagement strategy will be the development of a feedback
form where staff will be reviewing and looking for public input on:
regulations required for businesses operating within the city
regulations relating to public consumption
regulations relating to personal cultivation
It is proposed that the distribution of the feedback form be undertaken by a variety of

methods including on-line surveys, facilitated stakeholder meetings, etc.
iii. Website
The addition of a cannabis engagement page on the Citys website will play a key
role in the public engagement strategy as it will provide an opportunity for individuals
to provide feedback without attending a public event. The website will provide
access to the feedback form, current information on legislation regarding
recreational cannabis, and opportunities for public engagement.
iv. Updates via newspaper

It is proposed that a regular insert in the Nelson Star be initiated immediately
providing the community with information on the legalization process, the various
governmental roles, the public engagement process, and how to get involved.
v. Open Houses/Facilitated Stakeholder Meetings

Open houses and facilitated stakeholder meetings will be key components of the
public engagement process. These events will be more fully developed by the
facilitator.
vi. Written Submissions from Key Stakeholders

Key stakeholder groups will be invited to provide written submissions identifying their
feedback on areas that are within the control of the City of Nelson regulatory
authority. These submissions will be forwarded to Council as part of the approvals
process for regulations.
d. Timing
It is proposed that the majority of public engagement be undertaken in January and
February in order to allow staff time to review and summarize the feedback and
present the findings back to the community in March. During the following three
months (April-June), staff will review the final feedback, develop regulations based
on the feedback and take these forward to Council for approval prior to July 2018.
BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS:

Council is committed to obtaining public input into the development of regulations
regarding number and location of retail outlets. Undertaking public engagement without
fully knowing the extent of provincial direction regarding the regulations around location
and number of outlets could render some of the public engagement redundant.
However, not undertaking the public engagement and not developing regulations by
July could result in retail outlets establishing themselves in numerous locations
throughout the city with no control on the number of outlets or the separation distances
from youth facilities or liquor stores, and potentially impacting the long-term viability of
other retail stores that are key to the success of Nelsons downtown.
LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:

Staff will develop zoning, business license and possibly Clean Air Bylaw amendments
that will be shaped by information gathered through the public consultation process and
that meet the requirements of Federal and Provincial legislation and objectives.
COSTS AND BUDGET IMPACT - REVENUE GENERATION:

The budget for a public engagement facilitator is $10-15,000.
IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

Undertaking the public engagement and communication strategy will require a
considerable amount of staff time, which could impact timelines for other projects as
well as processing timelines for building permits, development permits and subdivision
applications.
COMMUNICATION:
Once Council direction is provided, staff will move forward on the public engagement
and communication strategy.
Council Commitment
That through resolution, Council provide a clear direction to the community on the
principles, the process and the timing of developing new regulations for cannabis.
OPTIONS AND ALTERNATIVES:

That Council pass a commitment statement and approve the public engagement
strategy and direct staff to bring forward a zoning bylaw amendment;
That Council provide alternative direction to staff;
That Council defers any changes to its bylaws and the public engagement
strategy until the Provincial regulations are passed into law.
ATTACHMENTS:
1. Draft Feedback Form
2. Bill-C45 Justice Department (May 2017)
3. Cannabis Legalization and Regulation in British Columbia
RECOMMENDATION:
THAT Council makes the following commitments:
THAT Council implement a moratorium on additional cannabis outlets until both

provincial and Nelsons regulations have been put in place;
THAT Council obtain broad public feedback on its areas of responsibility prior to
introducing new regulations for the City of Nelson;
THAT Council develop its regulations to best achieve the objectives that have been
established by the federal and provincial governments AND FINALLY
THAT Council develop and implement its regulations prior to July 2018.
That Council passes the following resolutions:
THAT staff are directed to bring forward a zoning bylaw amendment that provides for
a moratorium on the sale of cannabis in Nelson AND FURTHER
THAT Council approves the public engagement strategy.
AUTHOR: REVIEWED BY:
__________________________ __________________________
MANAGER OF DEVELOPMENT CITY MANAGER
SERVICES
City of Nelson - Legalization of Recreational Cannabis
DRAFT FEEDBACK FORM
The Government of Canada has indicated that cannabis will become legal by July 2018 and will be sold in
stores. Cannabis refers to products made from the leaves and flowers of the cannabis plant. You may
have also heard it called marijuana or pot. Cannabis can be smoked, used with a vaporizer, or added to
food or drinks. Only dried and fresh cannabis, cannabis oil as well as seeds and plans for personal
cultivation will be made available for legal purchase in July 2018. The sale of edible products will follow
at a later date.
Provincial governments across Canada will be responsible for deciding how recreational cannabis will be
distributed and sold within their provincial boundaries. British Columbia is still in the process of making
these decisions, such as whether cannabis will be sold in provincially run stores or in privately owned
stores, and so the City of Nelson is preparing for a variety of scenarios.
Legalization of Recreational Cannabis Whos Responsible for What?
GOVERNMENT OF GOVERNMENT OF
CITY OF NELSON
CANADA BRITISH COLUMBIA
Possession limits . New Possession Limits . Impaired Retail Locations and Rules .
Criminal Offences . Driving . Public Health . Public Consumption . Land
Advertising . Impaired Education . Taxation . Use and Zoning . Education .
Driving . Medical Cannabis . Workplace Safety . Enforcement
Production . Age Limit Distribution/ Wholesaling .
(Federal Limit) . Public Retail Model . Retail
Health . Education . Taxation . Locations and Rules .
Home Cultivation . Regulatory Regulatory Compliance .
Compliance Public Consumption . Home
Cultivation . Age Limit
Many topics related to the legalisation of recreational cannabis are beyond the powers of the City of
Nelson. This includes at what age individuals may purchase cannabis, drug-impaired driving, and the
question of whether it should be legal.
We are looking for your feedback on what the City can regulate, including:
- Regulations for cannabis businesses within City limits

- Regulations on public consumption
- Regulations on personal cultivation of cannabis
DRAFT FEEBDBACK FORM December 4, 2017 Page 1

Q1: What aspects of cannabis legalisation are you most interested in or concerned about?
Neighbours who grow or smoke cannabis Cannabis store signage and advertising
The operation of cannabis stores (e.g. hours of The location of cannabis stores
operation)
Growing cannabis plants at home Cannabis-related crime
Number of cannabis businesses in Nelson Public smoking and vaping of cannabis
Odours from smoking in public Public health education
Public health impacts Business opportunities related to cannabis
Other:
Nelson has a highly successful downtown due to the wide diversity of businesses that exist here. In
other cities, entertainment businesses like restaurants and bars have slowly replaced the majority of
businesses in an area due to their ability to pay higher rents.
Q2: Do you think that we need to develop regulations regarding the location and number of retail
outlets in our downtown to protect the diversity of current businesses?
Yes No Unsure
Q3: Do you think there should be a maximum number of retail cannabis businesses allowed in the
city, similar to liquor stores?
Currently there are four liquor stores in Nelson and there is a moratorium in place which limits
any further stores at this time.
Yes No Unsure
Q4: In your view, how far apart should cannabis stores be from each other?
1 block apart 2 blocks apart

3-5 blocks apart (300-500 metres) More than 5 blocks apart
I do not know I do not think there needs to be a separation
distance between cannabis stores
Same as liquor stores (1 km)*
*There are four liquor stores in Nelson; only two of them are 1 km apart, the other two were
grandfathered from previous regulations
Q5: In your view, how far should cannabis stores be from schools, youth facilities, parks, and
playgrounds?
1 block apart 2 blocks apart
3-5 blocks apart (300-500 metres) More than 5 blocks apart
I do not know I do not think there needs to be a minimum
separation distance from schools, youth facilities,
parks and playgrounds
Q6: In your view, what areas would be the best fit for cannabis stores to be located in?
[INSERT CITY MAP]

Railtown (mixed residential-commercial) Downtown and Baker Street (mixed residential-
commercial)

Chahko-Mika Mall Nelson Avenue/Hwy 3A (mixed residential-
commercial)
Industrial Areas/Lakeside
Other:
Q7: Currently, medical cannabis retail locations may only be open from 8am until 8pm. Should
cannabis retail stores in Nelson be open:
The same operating hours as medical cannabis is currently open

Longer operating hours than 8am till 8pm
Shorter operating hours than 8am till 8pm
Same as liquor stores 9am till 11pm
Nelson already has a Clean Air Bylaw that restricts where both tobacco and cannabis can be smoked
or vaped in public places. This includes parks, beaches, transit areas, school yards, and includes a 7
meter buffer zone around public spaces and public entrance ways to buildings.
Q8: Should the City reconsider where cannabis may be smoked? How would you respond to the
following statements?
Adults should be able to smoke and vape (Scale of Strongly Agree to Strongly Disagree)
cannabis in the same public places you can smoke
tobacco.
Smoking and vaping cannabis in public places (Scale of Strongly Agree to Strongly Disagree)
should be less restrictive than smoking tobacco.
Smoking and vaping cannabis should be banned (Scale of Strongly Agree to Strongly Disagree)
in all public places.
There should be lounges or cafes where smoking (Scale of Strongly Agree to Strongly Disagree)
or vaping cannabis is allowed.
It is important to me that the City has the (Scale of Strongly Agree to Strongly Disagree)
resources to enforce smoking cannabis in public.
This could mean hiring additional enforcement
officers.
Q9: Please select any places you feel ARE acceptable for people to consume cannabis in public.
In their front or back yard In a public park

At a public transit stop On an outdoor restaurant or bar patio
While walking down the street Any outdoor public space
Q10: Under the new federal legislation, individuals will be allowed to grow up to four cannabis plants
at home. Should people be allowed to grow their own cannabis plants outside?
Yes, wherever they like on their property Yes, but only in the backyard, out of sight
No, only inside Unsure

Q11: Do you support or oppose the legalization of cannabis for recreational use in Canada?
Strongly support Somewhat support

Strongly oppose Somewhat oppose
Q12: When cannabis is legalized, how likely are you to buy cannabis products from a cannabis store?
Regularly Occasionally
Never Unsure
Q13: When cannabis is legalized, are you interested in starting a cannabis-related business?
Yes No
Maybe
Q14: Which area do you live in?
Downtown Nelson (north of Victoria Street) Uphill (south of Victoria Street)

Rosemont Fairview
North Shore (west of 1 Mile) North Shore (east of 1 Mile)
Between Nelson and Salmo Blewett
Taghum area or further west (including Slocan Elsewhere
Valley)
Q15: Which of the following age groups do you fall into?
Under 18 18-24
25-34 35-44
45-54 55-64
65+

Legislative Background:
An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the
Criminal Code and other Acts (Bill C-45)
MAY 2017
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the Government of Canada and that the reproduction has not been produced in
affiliation with or with the endorsement of the Government of Canada.
Commercial reproduction and distribution is prohibited except with written permission

from the Department of Justice Canada. For more information, please contact the
Department of Justice Canada at: www.justice.gc.ca.
Her Majesty the Queen in Right of Canada,

represented by the Minister of Justice and Attorney General of Canada, 2017
ISBN 978-0-660-08581-4
Cat. No. J2-450/2017E-PDF
Table of Contents
Legalizing and strictly regulating cannabis: the proposed Cannabis Act ...................................................... 4
Context ...................................................................................................................................................... 4
Bill Overview ................................................................................................................................................. 6

Controlling and strictly regulating cannabis what would be allowed and how access would be
restricted ................................................................................................................................................... 6
Controlling promotion, packaging, labelling and display.......................................................................... 7
Retail framework -- selling and distributing cannabis; shared provincial and territorial roles: ............... 8
A legal, well-regulated cannabis supply .................................................................................................... 9
How the new measures would be enforced ........................................................................................... 10
Regulation-making and other Acts ......................................................................................................... 11
Detailed Bill Guide....................................................................................................................................... 12

Structure how the proposed Cannabis Act is laid out ......................................................................... 12
Scope of the proposed Cannabis Act what cannabis and cannabis accessory mean ................... 13
Prohibitions, Obligations and Offences .................................................................................................. 14
Other Prohibitions................................................................................................................................... 22
Ticketable Offences................................................................................................................................. 26
General licensing scheme for persons authorized to distribute, sell, produce, import or export
cannabis .................................................................................................................................................. 27
Ministerial Orders - Provision of Information, Test and Studies, Mandatory Recall .............................. 28
Cannabis Tracking System....................................................................................................................... 28
General Authorizations provincial and territorial ................................................................................ 29
Inspections, Search Warrants, and Disposition of Seized Things ........................................................... 29
Fines and Penalties for certain offences and administrative monetary penalties ................................. 30
Disclosure of Information ....................................................................................................................... 31
Transitional Provisions, Related, Consequential and Coordinating Amendments ................................. 31
Transitional Provisions ............................................................................................................................ 31
Related Amendments ............................................................................................................................. 32
Consequential Amendments................................................................................................................... 32
Coordinating Amendments ..................................................................................................................... 32
2
Coming into Force ................................................................................................................................... 33
Coming into Force of the Proposed Cannabis Act ...................................................................................... 34

What would be legal? ............................................................................................................................. 34
Where would adults be able to purchase cannabis? .............................................................................. 34
What would adults be able to purchase? ............................................................................................... 35
Access to Cannabis for Medical Purposes................................................................................................... 36

Differences between the proposed Cannabis Act and the Access to Cannabis for Medical Purposes
Regulations ............................................................................................................................................. 36
Impact on Access to Cannabis for Medical Purposes ............................................................................. 36
Charter Statement ...................................................................................................................................... 37
Annex 1 Task Force Report: Executive Summary ..................................................................................... 43
Annex 2 - Roles and Responsibilities........................................................................................................... 51
Annex 3 Health Effects of Cannabis ......................................................................................................... 53
3
Legalizing and strictly regulating cannabis: the proposed Cannabis Act
Context
In the 2015 Speech from the Throne, the Government of Canada committed to introducing legislation to
legalize, regulate and restrict access to cannabis.
The Minister of Justice and Attorney General of Canada, Minister of Public Safety and Emergency
Preparedness, and Minister of Health were mandated by the Prime Minister to work towards the
legalization and regulation of cannabis.
To this end, in June 2016, the Ministers announced the creation of the Task Force on Cannabis
Legalization and Regulation ("the Task Force"). The Task Force engaged in extensive cross-country
consultations with provincial, territorial and municipal governments, experts, patients, advocates,
Indigenous governments and representative organizations, youth, employers and industry to provide
advice on the design of a new legislative and regulatory framework for legal access to cannabis. In
addition to the in-person consultations, the Task Force received approximately 30,000 submissions.
A Discussion Paper prepared by the Government, entitled "Toward the Legalization, Regulation and
Restriction of Access to Marijuana," informed the Task Force's work and provided a basis for its
consultations. The Discussion Paper identified nine public policy objectives in the areas of public health
and safety, child and youth protection, and criminal justice. Chief among these are keeping cannabis out
of the hands of children and youth and keeping profits out of the hands of organized crime. The
Discussion Paper also provided a comprehensive overview of relevant considerations and background
information on legalizing and strictly regulating cannabis to help inform the public conversation.
The Task Forces reportdelivered to the Ministers and the public on December 13, 2016 made 85
recommendations. (Please refer to Annex 1 Task Force Report: Executive Summary.) The proposed
legislation is informed by and closely aligned with the recommendations of the Task Force.
The proposed Cannabis Act would create a strict framework for controlling the production, distribution,
sale, import, export and possession of cannabis in Canada. The proposed Act would create a
comprehensive national framework that would enable provinces and territories (P/Ts) to tailor certain
rules in their jurisdictions. (Please refer to Annex 2 Roles and Responsibilities).
The proposed Cannabis Act seeks to achieve the following objectives:
restrict youth access to cannabis;

protect young persons by prohibiting promotion or enticements to use cannabis;
enhance public awareness of the health risks associated with cannabis;
deter and reduce criminal activity by imposing serious criminal penalties for those breaking the
law, especially those who provide cannabis to young persons;
protect public health through strict product safety and quality requirements;
provide for the legal production of cannabis to reduce illegal activities;
allow adults to possess and access regulated, quality-controlled, legal cannabis; and,
4
reduce the burden on the criminal justice system.
Currently, it is illegal to possess, sell, produce, import or export cannabis unless it is authorized under
the Controlled Drugs and Substances Act and its regulations, such as the Access to Cannabis for Medical
Purposes Regulations. The current program for access to cannabis for medical purposes would continue
under the proposed Act.
Cannabis will remain prohibited as the Bill moves through the legislative process. If it is approved by
Parliament, the Bill could become law no later than July 2018.
5
Bill Overview
This legislative backgrounder is intended to provide a general, plain-language overview of the main
elements of the proposed Cannabis Act. Not all elements of the proposed Cannabis Act are reflected in
this document. This backgrounder reflects the version of the proposed Cannabis Act introduced in the
House of Commons on 13 April 2017 and therefore, does not reflect any amendments that may
subsequently be made in Parliament.
Controlling and strictly regulating cannabis what would be allowed and how would access be
restricted
The proposed Cannabis Act would control and strictly regulate cannabis1 in a way that allows only
adults to access it through an appropriate retail framework, sourced from a well-regulated industry, or
grown in limited amounts at home.
General criminal prohibitions would be established for:
Possession over a certain limit adults (individuals aged 18 years or older) could legally
possess up to 30 grams of legal2 dried cannabis or its equivalent while in public
(possession in private would be allowed without the 30 gram limit). Amounts equivalent
to 1 gram of dried cannabis of other classes of cannabis, such as solids containing
cannabis (e.g., baked goods), would be specified in Schedule 3 of the proposed Act.
Young persons (individuals 12 years of age or older but under 18 years of age) would not
face criminal prosecution or be subject to criminal records for possessing up to 5 grams
of dried cannabis or its equivalent in other classes of cannabis.3 For possession of more
than 5 grams of dried cannabis or its equivalent, young persons would be subject to a
possession offence and to provisions of the Youth Criminal Justice Act.
Distribution (and possession for the purpose of distribution) adults could legally
share up to 30 grams of legal dried cannabis (or amounts equivalent to 30 grams of
dried cannabis in other classes of cannabis) with other adults. As with possession, young
persons would not face criminal prosecution or be subject to criminal records for
sharing very small amounts (up to 5 grams) of dried cannabis or its equivalent.4
Sale (and possession for the purpose of sale) including sale to a young person selling
cannabis, or possessing to do so, would only be lawful if authorized under the proposed
1
For the purpose of the legislation cannabis is defined as a plant that belongs to the genus Cannabis. Further, Schedule 1
clarifies what is included (e.g., any part of the plant, any substance or mixture of substances that contain any part of the plant),
and Schedule 2 clarifies what is excluded from the definition (e.g., non-viable seeds, fibre derived from the stalk).
2
Illegal cannabis would be cannabis that was sold, produced, imported or distributed by a person who was not authorized to
do so.
3
However, young persons could be subject to any provincial or territorial laws that prohibit possession of any amount of
cannabis, thereby permitting police to seize any amount in a young persons possession. Provincial and territorial governments
would be able to set a higher minimum age for possession or reduce the amount allowed to be possessed for young persons,
including to zero.
4
As with possession, young persons could also be subject to provincial laws prohibiting the distribution of any amount of
cannabis.
6
Act (e.g., a licence or permit has been issued allowing sale or possession for sale) or if it
has been authorized under provincial or territorial legislation. To better protect youth,
the proposed Act would create a new separate offence of selling or providing cannabis
to a young person.
Import into Canada and export from Canada (and possession for the purpose of
export) the importation or exportation of cannabis would be allowed in exceptional
circumstances authorized by the Minister of Health (i.e. only for scientific or medical
purposes, or for industrial hemp, and this would require a licence or permit).
Production production of cannabis would only be lawful if authorized under the
proposed Act (e.g., a licence or permit has been issued allowing production of cannabis).
In addition, adults would be allowed, without being issued a licence, to cultivate their
own cannabis plants at home, if grown from legal seeds or plants. Adults could not grow
more than 4 plants per residence, limited to no more than 100 cm in height. Individuals
would also be allowed to alter cannabis that is lawfully possessed to prepare different
types of products (such as foods or beverages containing cannabis) provided that they
do not use dangerous chemicals or solvents to do so.
Using a young person to commit a cannabis-related offence to further protect young
persons, the proposed Act would create a new separate offence of using a young person
in the commission of a cannabis-related offence in the proposed Act, including
distribution, sale, and production. In this circumstance, the offender would face strong
penalties.
Controlling promotion, packaging, labelling and display
Promoting cannabis, cannabis accessories (e.g., rolling papers, pipes and vaporizers), and services
related to cannabis would be prohibited except in limited circumstances. Subject to the regulations,
promotion would be limited to informational or brand preference promotion in certain circumstances
such as in a place where young persons are not permitted by law. That is, factual, accurate, information
about cannabis products (including ingredients, THC and CBD levels, production methods, use of
pesticides and solvents) would be permitted. This would provide the public with the information
required to make an informed choice about purchasing cannabis. Information that allows for
identification of the brand name and strain name would also be permitted as part of the informational
or brand preference promotion.
Unless authorized under the proposed Act, promotion would not be allowed if there are reasonable
grounds to believe that it would be appealing to young persons. No false, misleading or deceptive
promotion would be permitted, and similarly no promotion through sponsorship, testimonials and
endorsements, or using the depiction of a person, celebrity, character or animals would be allowed.
While the proposed Act allows for intra-industry sharing of samples of cannabis or provision of cannabis
accessories, it is prohibited in all other circumstances to provide samples of cannabis or cannabis
accessories unless specifically provided for in regulations. Incentives for the purchase of cannabis such
7
as the right to participate in a game, draw, lottery or contest, or provision of a service would be
prohibited.
For the packaging and labelling of cannabis or cannabis accessories, prohibitions would require similar
restrictions as are in place for tobacco sales, including restrictions on packaging or labelling that is
appealing to young persons, or including testimonials, endorsements or lifestyle promotion. Labelling
and packaging would be prohibited from containing false, misleading or deceptive information, or from
using any term, expression, logo, symbol or illustration specified in regulations. The federal government
would have the ability to require plain packaging in the regulations.
Unless authorized under the proposed Act, it would be prohibited for a person authorized to sell
cannabis to display cannabis or cannabis accessories, or any package or label of cannabis or cannabis
accessories, in a manner that could be seen by young persons.
Retail framework -- selling and distributing cannabis; shared provincial and territorial roles:
Unless authorized under the proposed Cannabis Act, minimum requirements for selling and distributing
cannabis and cannabis accessories would be as follows:
Selling cannabis or cannabis accessories would be prohibited if they have an appearance, shape
or attribute that could be appealing to a young person.
Cannabis accessories would be prohibited from being sold to a young person.
Cannabis could only be sold in categories allowed by Schedule 4 of the proposed Act. Initially,
these categories would include dried cannabis, cannabis oil, fresh cannabis, and seeds and
seedlings. Additional categories (e.g., edibles) could be added by regulation.
Cannabis products could not contain ingredients set out in Schedule 5 of the proposed Act (e.g.,
nicotine or caffeine).
Recalled cannabis could not be sold.
Selling or distributing cannabis or cannabis accessories by means of a vending machine or self-
service display would be prohibited.
A person could only legally sell cannabis if they are authorized to do so under the proposed Act, or if
they have been authorized by a provincial government under provincial legislation that meets minimum
federal conditions.5 Those minimum federal conditions are that an authorized person cannot:
sell cannabis that has not been produced by a federally authorized producer;
sell cannabis to a person younger than 18;
sell without keeping appropriate records respecting their activities (e.g., promotion activities,
etc.) in relation to cannabis that they possess for commercial purposes; or
5
It is intended that distribution and retail sale would be authorized by provincial and territorial governments. In doing so,
provinces and territories could set additional regulatory requirements for retailers, such as where they can be located, how
they are staffed, and whether young persons would be allowed on the premises. The federal Minister of Health would reserve
the ability to license sale for medical and non-medical purposes as a backstop where provincial or territorial governments have
yet to enact a legislative framework.
8
sell without taking adequate measures to prevent diversion to an illegal market or activity.
A legal, well-regulated cannabis supply
The proposed Cannabis Act sets out the parameters to create a legal, well-regulated system for the
production of cannabis. The Minister of Health would have the power to issue licences or permits for the
production of cannabis. The Minister would also have the ability to suspend, amend or revoke those
licences or permits when warranted. Grounds for refusing to issue, renew or amend a licence or permit
include:
where issuing, renewing or amending would create a risk to public health or public safety,
including the risk of diversion to the illegal market;
false, misleading or forged information or documentation was provided;
an applicant has contravened the proposed Act, the Controlled Drugs and Substances Act or the
Food and Drugs Act and their regulations, including advertising, in the past 10 years; or
if a security clearance in respect of the applicant has been refused or cancelled.
Given federal responsibility for the oversight and licensing of production, requirements in the proposed
Act, along with additional requirements set out in supporting regulations, would establish a series of
risk-based physical and personnel security requirements for licensees. Requirements would also aim to
identify links to organized crime and verify that the cannabis they are producing is not diverted to illegal
markets or activities. Requirements would also be established to verify that supply is acceptable from a
health and safety point of view.
Further, to provide for responsive oversight of the industry, the Minister would have additional powers.
The Minister could order a person with a licence or permit for cannabis related activities to:
provide further information necessary to address an issue of public health or safety, or to verify
compliance or prevent non-compliance;
conduct further tests and studies to address an issue of public health or safety, or to verify
compliance or prevent non-compliance; or
recall cannabis where necessary to protect public health or public safety.
In addition, the proposed Act would allow for the establishment of a national cannabis tracking system
to track cannabis from seed to sale; prevent cannabis from being diverted to an illegal market or
activity; and prevent illegal cannabis from being a source of supply of cannabis in the legal market. The
proposed Act would set out the authorities for the Minister to disclose to certain persons the
information contained in the national cannabis tracking system for purposes such as verifying
compliance or preventing non-compliance, or meeting international obligations.
9
How the new measures would be enforced
The proposed Act would include a range of compliance and enforcement tools, including modern
inspection powers, authority to issue administrative monetary penalties, and the ability for police
officers to issue tickets for specific offences.
Inspection powers to verify compliance or prevent non-compliance with the proposed Act would be in
keeping with similar federal legislation, and would include:
the power for inspectors to enter a place in which they believe on reasonable grounds an
activity that may be regulated under the proposed Act is being conducted, in order to carry out
inspections activities such as, opening and examining receptacles and packages; examining
labels, promotional materials, records, books, electronic data or other documents; or seizing
and detaining anything in respect of which there are reasonable grounds to believe the
proposed Act or the regulations have been contravened.
the power to inspect a residence in such a circumstance, an inspector would only be able to
enter with the consent of an occupant or under the authority of a warrant.
The proposed Act would set out procedures relating to the seizure, disposition or forfeiture of cannabis
or property that is related to the commission of a contravention or offence.
The proposed Act would provide for a range of measures for enforcement and compliance, including:
Tickets for minor violations of certain offences, in respect of small amounts of cannabis
(including for possession, distribution to an adult, production), adults could be given a $200
ticket.
Criminal activities adults in contravention of more serious offences, including selling to an
adult, distribution, production, import or export would be liable:
o for conviction on indictment, to imprisonment for not more than 14 years; or
o on summary conviction, to a fine of not more than $5,000 or to imprisonment for not
more than six months or to both.
A young person who commits these activities would be subject to a youth sentence under the
Youth Criminal Justice Act. An organization would be subject to a fine in an amount determined
by the Court for conviction on indictment, or to a fine in an amount of not more than $100,000
on summary conviction.
An adult selling to a young person or who uses a young person to commit a cannabis related
offence would be liable:
o for conviction on indictment to imprisonment for not more than 14 years;
o on summary conviction to a fine of not more than $15,000 or to imprisonment for not
more than 18 months or to both.
Other contraventions persons contravening: (1) provisions of the proposed Act other than
those which have specified punishments such as possession, distribution, selling, production or
promotion as above; (2) provisions of the regulations; or, (3) a ministerial order, would be
liable:
10
o for conviction on indictment to a fine of not more than $5,000,000 or imprisonment for
not more than three years, or to both; or
o on summary conviction for a first offence to a fine of not more than $250,000 or to
imprisonment for not more than six months or to both, or to a fine of not more than
$500,000 for a second offence and subsequent offence, or to imprisonment for not
more than 18 months or to both.
Administrative monetary penalties for certain contraventions of the proposed Act,
administrative monetary penalties would be available. If proceedings against a person for an act
or omission are initiated under the administrative monetary penalty scheme, a criminal
prosecution could not also be commenced for the same act or omission. Administrative
monetary penalties would not be available for the criminal activities found in Division 1 of Part 1
of the proposed Act.
The purpose of these penalties would be to promote compliance with the proposed Act and its
regulations. Penalties would be subject to civil enforcement through the courts.
Regulation-making and other Acts
The proposed Cannabis Act sets out regulation making powers that would allow the government to put
in place the necessary regulatory frameworks including for licensing, importing or exporting, packaging
and labelling, and amending schedules of the proposed Act. These regulation making powers would
include an ability to make regulations necessary to provide for any transitional matter arising from the
coming into force of any provision of the proposed Act.
The proposed Act would also make necessary changes to other Acts, such as the Controlled Drugs and
Substances Act (to align penalties and definitions); the Canada Consumer Product Safety Act (to exclude
cannabis from application, except for cannabis accessories), the Non-smokers Health Act (to protect
persons from exposure to cannabis smoke), the National Defence Act, the Corrections and Conditional
Release Act, and the Criminal Code.
11
Detailed Bill Guide
Structure how the proposed Cannabis Act is laid out
The proposed Cannabis Act would provide for adult access to cannabis through a legal retail framework,
sourced from a well-regulated industry or through cultivation in limited amounts at home.
To accomplish this, the proposed Cannabis Act would be structured as follows:
Clauses 1 to 7 would set out the short title of the proposed Act (Cannabis Act); terms that are defined
for the purposes of the proposed Act; the application of the Youth Criminal Justice Act to the proposed
Act; the binding nature of the proposed Act on federal and provincial governments; and the purpose of
the proposed Act.
PART 1 would set out the main prohibitions, obligations and offences relating to cannabis. Within this
Part, the Divisions would, amongst other things, deal with:
criminal activities by individuals relating to the possession, distribution, sale, production,

importation and exportation of cannabis, as well as the use of a young person in the commission
of a cannabis-related offence;
prohibitions and obligations that focus on those who sell and distribute cannabis and cannabis
accessories related to promotion, packaging and labelling, display, selling and distributing of
those products; and
prohibitions and obligations that focus on those who provide services related to cannabis.
PART 2 would provide for a ticketing scheme related to certain offences under the proposed Act.
PART 3 would set out authorities to issue licences and permits for the conduct of certain activities
prohibited in PART 1, such as producing, distributing and selling cannabis.
PART 4 would recognize provincially and territorially authorized selling; set out minimum public health
and public safety standards to be included in provincial and territorial legislation for authorizing
distribution and sale; and authorize certain activities in relation to the administration and enforcement
of cannabis legislation or in relation to the authorized sale, distribution or production of cannabis.
PART 5 would provide the Minister of Health with the authority to issue orders to verify compliance and
prevent non-compliance or to address issues of public health or public safety.
PART 6 would allow the Minister of Health to set up a national seed-to-sale tracking system for
cannabis.
PART 7 would provide a broad and modern inspection scheme similar to that of other federal legislation
under the responsibility of the Minister of Health such as the Tobacco Act, the Canada Consumer
Product Safety Act, and the proposed changes to the Controlled Drugs and Substances Act (Bill C-37).
12
PART 8 would deal with search warrants to allow police officers to conduct cannabis-related searches
and seizures.
PART 9 would set out requirements for the control and management of cannabis, chemicals and other
property seized, found or otherwise acquired, including when they may be forfeited and destroyed.
PART 10 would set out an administrative monetary penalties scheme for certain contraventions of the
proposed Act.
PART 11 would be a general part providing for diverse matters such as disclosure of information under
the proposed Act, and which regulations could be made under the proposed Act to support it.
PART 12 would deal with transitional provisions and related consequential and coordinating
amendments to other Acts or Bills.
PART 13 would set out amendments to the Controlled Drugs and Substances Act to provide for
consistency between it and the proposed Act.
PART 14 would introduce changes to the Criminal Code to align references to provisions of the proposed
Cannabis Act.
PART 15 would deal with the coming into force of the proposed Act should it be passed by Parliament.
Scope of the proposed Cannabis Act what cannabis and cannabis accessory mean
The proposed Cannabis Act would apply to the possession, distribution, sale, production, importation
and exportation of cannabis and to the distribution and sale of cannabis accessories.
cannabis would be defined in subclause 2(1) of the proposed Cannabis Act as a cannabis plant which
is a plant that belongs to the genus Cannabis.
Two Schedules to the proposed Cannabis Act further clarify what cannabis includes and what it does
not. These Schedules would be able to be amended over time by regulation under subclause 151(1). The
ability to add and delete items from these two Schedules by regulation would allow the government to
keep oversight up to date and amend the scheme as research and science evolves. The process of
adding or deleting items on the Schedules by regulation would normally include public consultations
before finalizing an amendment to the Schedules.
Schedule 1 clarifies what would be included in the definition of cannabis. The initial Schedule 1 includes
three items: (1) any part of the cannabis plant, including the phytocannabinoids produced by the plant,
other than a part of the plant referred to in Schedule 2; (2) any substance or mixture of substances that
contain any part of the plant; and (3) any substance that is identical to phytocannabinoids produced by
the plant, regardless of how the substance was obtained (i.e., naturally or synthetically).
Schedule 2 clarifies what would be excluded from the definition of cannabis. The initial Schedule 2
contains four items: (1) non-viable seeds of a cannabis plant; (2) a mature stalk, without any leaf, flower,
13
seed or branch, of such a plant; (3) fibre derived from the stalk (i.e. hemp); and (4) the root or any part
of the root of the cannabis plant.
cannabis accessory would be defined in subclause 2(1) as (a) a thing, including rolling papers or
wraps, holders, pipes, water pipes, bongs and vaporizers used in the consumption of cannabis or the
production of cannabis; or (b) a thing deemed under subclause 2(3) to be represented to be used in the
consumption of cannabis or the production of cannabis. Subclause 2(3) provides that a thing that is
commonly used in the consumption or production of cannabis would be considered a cannabis
accessory if that thing was sold at the same point of sale as cannabis.
Also of note, several regulation making abilities could further affect the scope of the proposed Cannabis
Act. Subclause 139(1) would allow the government to define industrial hemp by regulation for the
purposes of the proposed Act. Industrial hemp does meet the definition of cannabis and is currently
regulated under the Industrial Hemp Regulations under the Controlled Drugs and Substances Act. Going
forward, industrial hemp is intended to be subject to the proposed Cannabis Act. The Governor in
Council could also exempt by regulation any cannabis or cannabis accessory (or class of either of them)
from the proposed Act.
Prohibitions, Obligations and Offences
Criminal Offences
The proposed Cannabis Act would prohibit the possession, distribution, sale, production, importation
and exportation of cannabis in such a way that:
certain allowances would be made for adults (individuals aged 18 years or older); and
young persons would not face prosecution or get criminal records for possessing very small
amounts of cannabis. For purposes of the prohibitions on possession, distribution and
production in Division 1, young person would be defined in subclause 2(1) as individuals who
are 12 years or older but less than 18 old, and for other provisions of the proposed Act,
individuals under the age of 18 years.
Additionally, there would be a new offence of using a young person in the commission of a cannabis-
related offence in the proposed Act, including distribution, sale, and production. In this circumstance,
the offender would face harsh penalties.
The proposed approach provides scope for provinces and territories to tailor certain rules and
requirements to reflect individual circumstances and priorities, in a manner that is consistent with the
objectives of the proposed Cannabis Act. Those objectives include protecting youth by restricting their
access to cannabis, while providing access to a quality-controlled supply of legal cannabis for adults (see
the legislative purpose at clause 7 of the Bill). Both federal and provincial governments may validly
legislate over matters addressing public health and public safety. As a result, situations may arise in
which an issue will be considered to have a double aspect. That is to say, regulation of a particular
activity will fall within federal jurisdiction in one respect, while falling within provincial jurisdiction in
14
another. The proposed approach set out in the Cannabis Act reflects the views and concerns expressed
by provincial and territorial officials to the Task Force on Cannabis Legalization and Regulation.
Possession
Division 1, paragraph 8(1)(a) would prohibit adults from possessing cannabis in a public place over a
certain amount unless authorized under the proposed Act (i.e., have a licence or permit allowing them
to possess). The amount would be limited to a maximum of 30 grams of dried cannabis or its equivalent
for other classes of cannabis (such as solids containing cannabis, e.g., baked goods), as set out in
Schedule 3 of the proposed Act. A public place is defined in subclause 2(1) as including any place to
which the public has access as of right or by invitation, express or implied, and any motor vehicle located
in a public place or in any place open to public view.
The intent is to set out an upper limit for cannabis possession in federal law, with scope for provincial
limits to be more restrictive (i.e. set an adult possession limit of less than 30 grams or further restrict
possession in certain places). The federal objective of allowing adults to possess no more than 30 grams
of dried cannabis (or its equivalent) in public would be frustrated by recognizing a higher provincial limit
of, say, 50 grams. If a court finds that the higher provincial limit conflicts with the federal law because
allowing possession of 50 grams would purport to allow what Parliament has said is not allowed, then
the higher provincial limit would be rendered inoperable. A limit set by provincial legislation that is less
than 30 grams could operate alongside the federal provision as it would be consistent with federal
purposes and it is possible for an individual to comply with both laws by adhering to the lower limit.
The provinces and territories could also impose a higher age limit than 18 for the possession of cannabis
(for example, should they wish to align the age with that of their drinking age) through provincial and
territorial legislation that could be subject to their compliance and enforcement measures. If a province
enacts a higher age for possession, complying with that law would also be possible, while giving effect to
the objective of the federal prohibition because individuals at the higher provincial age would also be
18 years of age or older. A person could comply with both laws.
Paragraph 8(1)(b) would prohibit adults from possessing any cannabis that they know is illicit; illicit
cannabis would be defined in subclause 2(1) as cannabis that was sold, produced, distributed or
imported by a person who is prohibited from doing so under the proposed Act or under any applicable
provincial legislation. This provision is intended to clearly indicate that possession of cannabis obtained
outside of the regulated supply remains illegal.
Paragraph 8(1)(c) would prohibit young persons from possessing cannabis over a certain amount. The
amount would be limited to a maximum of 5 grams of dried cannabis or its equivalent for other classes
of cannabis (such as solids containing cannabis like baked goods), as set out in Schedule 3 of the
proposed Cannabis Act.
Since two of the purposes of Bill C-45 are to protect the health of young persons by restricting their
access to cannabis and to reduce the burden on the criminal justice system (e.g., by not criminalizing
youth for possession of small amounts of cannabis), it would be possible for a province to set a lower
15
amount for youth possession, for example 0 grams. A limit set by provincial legislation that is less than 5
grams could work operate alongside the federal provision as it is possible for an individual to comply
with both laws. The provincial legislation would be consistent with federal purposes.
Paragraph 8(1)(d) would prohibit an individual (including adults and young persons) from possessing in a
public place (as defined) one or more cannabis plants that are budding or flowering. This would prevent
mature plants from being accessed in public.
Paragraph 8(1)(e) would prohibit an individual (including adults and young persons) from possessing
more than four cannabis plants that are not budding or flowering, unless authorized to do so under the
proposed Act. This would allow for the possessing in a public place of seedlings for purposes of
producing cannabis plants. Licenced retailers, with the appropriate authorization, would be permitted to
possess more than four plants.
Paragraph 8(1)(f) would prohibit an organization from possessing cannabis unless authorized to do so
under the proposed Act. Subclause 2(1) would define organization as having the same meaning as in
the Criminal Code (a public body, body corporate, society, company, firm, partnership, trade union or
municipality, or an association of persons that (i) is created for a common purpose, (ii) has an
operational structure, and (iii) holds itself out to the public as an association of persons).
Punishments for possession

Adults who contravene the possession offences in subclause 8(1) would be liable, as set out in
subclause 8(2):
for conviction on indictment, to imprisonment for not more than five years less a day; or
on summary conviction, to a fine of not more than $5,000 or to imprisonment for not more than
six months or to both.
A young person would be subject, on indictment or summary conviction, to the trial procedures and a
youth sentence under the Youth Criminal Justice Act (YCJA). The YCJA emphasizes community-based
responses that promote rehabilitation and reintegration. For less serious offences, alternatives to
charging are encouraged such as taking no further action, warning the young person, or referring the
young person to a community program or agency, to help address the circumstances underlying their
behaviour.
An organization would be liable to a fine:
for conviction on indictment, to a fine in an amount determined by the Court; or

on summary conviction, to a fine of not more than $100,000.
Law enforcement would be able to issue a ticket under clause 51 of the proposed Act in the amount of
$200 to adults in possession of a total amount of more than 30 grams but not more than 50 grams of
dried cannabis, or the equivalent set out in Schedule 3, or in possession of five or six non-flowering or
non-budding cannabis plants (see Ticketable Offences below).
16
Distribution
Paragraph 9(1)(a) would prohibit adults from distributing (i.e., sharing, transporting, sending or
delivering) cannabis, unless authorized under the proposed Act:
to another adult in an amount over 30 grams of dried cannabis or the equivalent set out in
Schedule 3;
to a person under 18 years of age;
to an organization; or
that they know is illegal.
Paragraph 9(1)(b) would prohibit young persons, unless authorized by the proposed Act, from
distributing cannabis in an amount over 5 grams of dried cannabis or the equivalent set out in Schedule
3, or from distributing any amount to an organization.
As stated above, two of the purposes of Bill C-45 are to protect the health of young persons by
restricting their access to cannabis and to reduce the burden on the criminal justice system (e.g., by not
criminalizing youth for distribution of small amounts of cannabis). As a result, it would be possible for a
province to set a lower amount for youth distribution, for example 0 grams, which would be in keeping
with the purposes of Bill C-45. A limit set by provincial legislation that is less than 5 grams could operate
alongside the federal provision as it is possible for an individual to comply with both laws. The provincial
legislation would be consistent with federal purposes.
Paragraph 9(1)(c) would prohibit an individual, unless authorized under the proposed Act, from
distributing any cannabis plants that are budding or flowering, or more than four cannabis plants that
are not budding or flowering, unless authorized to do so under the proposed Act. This would allow for
the distribution of legal seedlings for purposes of producing cannabis plants at a persons residence.
Paragraph 9(1)(d) would prohibit an organization from distributing cannabis, unless authorized to do so
Subclause 9(2) would prohibit the possession of cannabis for the purposes of distributing contrary to the
prohibitions on distribution in subclause 9(1), unless otherwise authorized under the proposed Act.
Punishments for Distribution

Adults who contravene the distribution offences in subclause 9(1) and 9(2) would be liable, as set out in
subclause 9(5):
for conviction on indictment, to imprisonment for a term of not more than 14 years; or
on summary conviction, to a fine of not more than $5,000 or to imprisonment for not more
than six months or to both.
In the case of an adult who has distributed to a person under 18 years of age or possessed for
purposes of distributing to such a person, on summary conviction, to a fine of not more than
$15,000 or to imprisonment for not more than 18 months or to both.
17
A young person would be subject, on indictment or on summary conviction, to trial procedures and a
youth sentence under the Youth Criminal Justice Act.
An organization would be subject:
for conviction on indictment, to a fine in an amount determined by the Court; or

on summary conviction, to a fine of not more than $100,000.
Except for the offences of distributing to a young person or distributing one or more budding or
flowering plants, a police officer would be able to issue a ticket under clause 51 of the proposed Act in
the amount of $200 to adults for distributing a total amount of more than 30 grams but not more than
50 grams of dried cannabis, or the equivalent set out in Schedule 3, or distributing five or six non-
budding or non-flowering cannabis plants.
Subclauses 9(3) and (4) provides that it is not a defence to a charge of distributing to a person under 18
years of age or possessed for purposes of distributing to such a person, that the accused believed that
the person was 18 years of age or older, unless the accused took reasonable steps to ascertain their age.
Sale
Subclause 10(1) would prohibit the sale of cannabis, unless authorized under the proposed Act, to an
adult, a youth or an organization. This means that a sale would occur only with a licence or permit.
Subclause 10(2) would prohibit the possession of cannabis for the purpose of selling, unless authorized
Punishments for Sale

Adults who contravene the sale offences in subclauses 10(1) or 10(2) would be liable, as set out in
subclause 10(5):
on summary conviction, to a fine of not more than $5,000 or to imprisonment for not
more than six months or to both.
In the case of an adult who sells to a person under 18 years of age or possesses for
purposes of selling to such a person, on summary conviction, would be liable to a fine of
not more than $15,000 or to imprisonment for not more than 18 months or to both.
A young person would be subject, on indictment or summary conviction, to trial procedures and a youth
sentence under the Youth Criminal Justice Act.
An organization would be subject to a fine on summary conviction of not more than $100,000.
Except for the offence of selling to a person under 18 years of age, a police officer would be able to issue
a ticket under clause 51 of the proposed Act in the amount of $200 to adults selling 50 grams or less of
dried cannabis, or the equivalent set out in Schedule 3.
18
Subclauses 10(3) and (4) provide that it is not a defence to a charge of selling to a person under 18 years
of age or possession for purposes of selling to such a person, that the accused believed that the person
was 18 years of age or older, unless the accused took reasonable steps to ascertain their age.
Importing and exporting

Subclause 11(1) would prohibit the import or export of cannabis, unless it is authorized under the
proposed Act. Subclause 11(2) would prohibit the possession of cannabis for the purpose of exporting it,
unless it is authorized under the proposed Act. Licences or permits to allow the import or export would
be only for scientific or medical purposes or in respect of industrial hemp as set out in subclause 62(2).
Punishments for importing or exporting

A person who imports or exports cannabis or who possesses cannabis for the purpose of export, in
contravention of the offences in subclauses 11(1) and (2), would be liable, as set out in subclause 11(3):
Production
Clause 12 would set out a series of prohibitions related to the production of cannabis, unless it is
authorized under the proposed Act. The proposed Act would prohibit the production of cannabis using
dangerous organic solvents; prohibit the cultivation, propagation and harvesting of cannabis by young
persons; and prohibit adults from cultivating, propagate and harvest cannabis in their private residence
over certain limits.
Subclause 12(1) would prohibit, unless authorized under the proposed Cannabis Act (e.g., issued a
licence or permit to do so), any person from obtaining or offering to obtain cannabis through any
method or process. This includes manufacturing, by synthesis or altering the chemical or physical
properties of cannabis; or from altering the chemical or physical properties of cannabis by any means,
including by the use of an organic solvent. An organic solvent would be defined under subclause 12(3)
as any organic compound that is explosive or highly or extremely flammable, and includes petroleum
naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.
Subclause 12(2) would permit an individual to alter the chemical or physical properties of cannabis that
they are allowed to possess. This would still be subject to subclause 12(1), such as the limitation on the
use of an organic solvent. It would allow adults to use, for example, cannabis oil to make baked goods
for personal consumption or to share with another adult.
Paragraph 12(4)(a) would prohibit adults from cultivating, propagating and harvesting cannabis (or offer
to do so) if the cannabis plant is from a seed or plant material that they know is illegal cannabis.
Paragraph 12(4)(b) would prohibit adults to cultivate, propagate and harvest more than four cannabis
plants (up to 100 cm in height see subclause 12(6)) at any one time in their residence.
19
Two objectives of Bill C-45 are to provide for the legal production of cannabis to reduce illegal activities
in relation to cannabis, and to provide access to a quality-controlled supply of legal cannabis for adults.
The proposed legislation seeks to achieve these objectives, in part, by permitting personal cultivation of
no more than four plants. A lower plant limit may be set in provincial legislation that is consistent with
the federal objectives and allows for dual compliance with both provincial and federal limits, however a
complete provincial prohibition on personal cultivation could be seen as frustrating the federal objective
and thus be deemed inoperable.
Subclause 12(8) further specifies that for the purposes of clause 12, dwelling house, in respect of an
individual, means the dwelling-house in which the individual ordinarily resides and includes surrounding
land such as yards and gardens and any building or structure on such land.
The term dwelling house would be defined in subclause 2(1) of the proposed Act as having the same
meaning as in the Criminal Code (the whole or any part of a building or structure that is kept or occupied
as a permanent or temporary residence, including, for example, a unit that is designed to be mobile and
is being used as such a residence).
Subclause 12(5) would prohibit the cultivation, propagation or harvesting of any cannabis plant by two
or more adults ordinarily residing in the same residence if doing so results in there being more than four
such plants being cultivated, propagated or harvested, unless they are authorized to do so under the
proposed Act.
Subclause 12(6) would place further restrictions on adults so that they would not, unless authorized
under the proposed Act, be able to (a) cultivate, propagate or harvest any cannabis plant that is more
than 100 cm in height at their residence; (b) cultivate, propagate or harvest any cannabis at a residence
that is not their own, or offer to do so; or (c) cultivate, propagate or harvest any living thing that is not
cannabis, but from which cannabis may be extracted, or offer to do so.
Subclause 12(7) would prohibit young persons or organizations, unless authorized under the proposed
Act, from cultivating, propagating or harvesting any cannabis plant or any other living thing from which
cannabis may be extracted, or offer to do so.
Punishments for production

An adult who produces, cultivates, propagates, or harvests cannabis in contravention of the offences in
clause 12 would be liable, as set out in subclause 12(9):
A young person who commits the following would be subject, as subclause 12(10) provides, on
indictment or summary conviction, to a youth sentence under the Youth Criminal Justice Act:
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obtains or offers to obtain, or alters or offers to alter, cannabis in contravention of subclause
12(1); or
cultivates, propagates or harvests it or any other living thing from which cannabis may be
extracted in contravention of subclause 12(7).
A police officer would be able to issue a ticket under clause 51 of the proposed Act in the amount of
$200 to adults:
obtaining or offering to obtain cannabis by any method or process, including by manufacturing,

by synthesis or by using any means of altering the chemical or physical properties of cannabis
for a total amount of more than 30 grams but not more than 50 grams of dried cannabis in
contravention of paragraph 12(1)(a), or the equivalent set out in Schedule 3;
cultivating, propagating or harvesting five or six cannabis plants in contravention of paragraph
12(4)(b);
cultivating, propagating or harvesting one or two cannabis plants in contravention of subclause
12(5); or
having plants that are more than 100 cm in height but not more than 150 cm in contravention of
paragraph 12(6)(a).
Possession for use in production or distribution of illegal cannabis

Subclause 13(1) would prohibit the possession, production, sale, distribution or import of anything with
the intention that it would be used to produce, sell or distribute illegal cannabis. This will help reduce
the ability of criminals and organized crime to maintain an illegal supply.
Punishments for use in production or distribution of illegal cannabis

As set out in subclause 13(2), a person who contravenes subclause 13(1) would be liable:
for conviction on indictment, to imprisonment for a term of not more than seven years; or
Using a young person to commit a cannabis-related offence

Subclause 14(1) would prohibit anyone from using the services of, or involving, a young person in
committing any of the offences above relating to distributing, selling, importing or exporting, or
producing.
Punishment for using a young person to commit a cannabis-related offence

A person who contravenes subclause 14(1) would be liable:
than 18 months or to both.
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Sentencing
Clause 15 would set out guidance for sentencing for the above offences. The court, in imposing a
sentence on an individual, would have to take into consideration under subclause 15(2) whether or not
the offender carried, used or threatened to use a weapon; used or threatened to use violence; or sold or
distributed cannabis in or near a school, school grounds or other public place frequented by young
persons. In addition, the court would have to consider whether the individual has previously been
convicted of a designated offence as defined in subclause 2(1) of the proposed Act or a designated
substance offence as defined in subsection 2(1) of the Controlled Drugs and Substances Act. Subclause
15(4) allows the court to delay sentencing to enable an individual to participate in a drug treatment
program. These treatment programs are intended to address problematic substance use, helping to
break the cycle of addiction and criminal behaviour.
Other Prohibitions
Promotion
Division 2, Subdivision A would contain general prohibitions against the promotion (e.g., advertising) of
cannabis, a cannabis accessory or any service related to cannabis. The proposed promotional
restrictions are similar to the existing scheme for tobacco products, where promotional activities are
prohibited except in limited circumstances. The proposed promotional offences and exceptions are
intended to reduce incentives to use cannabis, in particular by those most at risk such as young persons.
They are also designed to ensure that sufficient information is available for adult users to make
informed decisions regarding consumption.
Promotion what it does not apply to

The promotion prohibitions of the proposed Act would only apply to certain activities. Clause 16 would
clarify for example that the promotion prohibitions do not apply to a literary, dramatic, artistic, or
educational work that depicts cannabis. For example, depicting cannabis in a film (not as a product
placement for consideration) would not be subject to the prohibitions. The prohibitions would also not
apply to a report, commentary, or opinion on cannabis where no payment of any kind is given for the
reference to cannabis. In addition, a person authorized to produce, sell, or distribute cannabis, cannabis
accessories, or services related to cannabis would not be restricted from promoting to others who
would also be authorized to conduct those activities (but not at consumers).
What promotion is prohibited and what is allowed

Subclause 17(1) would prohibit, unless authorized under the proposed Act, the promotion of cannabis,
cannabis accessories or services related to cannabis in a manner that there are reasonable grounds to
believe could be appealing to young persons; the promotion through testimonials or endorsements;
promotion using the depiction of a person, character or animal, whether real or fictional; or lifestyle
promotion.
However, subclauses 17(2) to 17(6) would allow for certain exceptions to the promotion prohibitions,
and these could be further elaborated in regulations (for example made under subclause 139(1)). This
includes informational promotion in places where young persons are not permitted by law, such as signs
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in places where young persons cannot access, online where there is an appropriate age verification
mechanism, and direct mailings addressed to an adult identified by name. Informational promotion
includes factual information about a cannabis product, such as THC and CBD levels, the effects of the
product, use of pesticides, solvents and ingredients, and information that would allow for differentiation
between brands. The legislation would also permit, subject to regulations, a person who is authorized to
sell cannabis or cannabis accessories to promote it at a point of sale (e.g. retail store), if the promotion is
limited to price and availability. This may include points of sale where young persons are permitted, if
supported by provincial legislation. In addition, the proposed Act would allow for the display of brand
elements on items other than cannabis and cannabis accessories, provided that those items are not
associated with young persons, that there are not reasonable grounds to believe that they could be
appealing to young persons; or that they are not associated with a certain lifestyle.
Under clause 18, it would be prohibited to promote cannabis or a cannabis accessory in a way that could
be false, misleading, or deceptive, or that could create an erroneous impression about the product.
Clause 19 would prohibit the use of certain terms, expressions, logos, symbols or illustrations that are
specified in regulations made under subclause 139(1) to promote cannabis, cannabis accessories or
services related to cannabis.
Clause 20 would prohibit the promotion of cannabis, a cannabis accessory, a service related to cannabis
or a brand element of any of those things in a manner that would contravene Part 1 of the proposed Act
through a publication, broadcast, or other communication that originates outside of Canada.
There would be further restrictions on sponsorship, set out in clause 21, including a prohibition of the
display of a cannabis brand element or the name of a person who produces, sells or distributes cannabis
as part of a sponsorship of a person, entity, event, activity or facility. It would also be prohibited to
display a cannabis brand element, or the name of a person who produces, sells, or distributes cannabis,
on a facility used for a sporting or cultural event (clause 22).
Subclause 23(1), with limited exceptions in clause 23(2), would also prohibit the dissemination, on
behalf of another person, any promotion that is already prohibited in clauses 17 to 22. The exceptions
would only apply to distribution for the sale of an imported publication, certain types of broadcasting,
and in respect of a person who disseminates a promotion without knowing that it contains a prohibited
promotion.
Promotion through giving samples would also be prohibited. For example, unless it is otherwise
authorized in regulations, it would be prohibited for a person who sells cannabis to provide cannabis for
free (paragraph 24(a)), to provide as an inducement for the purchase of cannabis a right to participate
in a game, draw, lottery or contest (paragraph 24(b)), or to provide a service as an inducement to
purchase cannabis (paragraph 24(c)).
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Prohibited activities for packaging and labelling for persons authorized to sell cannabis or cannabis
accessories
Clauses 25 and 26 would set out prohibitions for packaging and labelling for persons authorized to sell
cannabis and persons who sell cannabis accessories.
This would include prohibitions dealing with packaging and labelling:
considered appealing to young persons;

that use a testimonial or endorsement in any form;
that contain false or misleading information; and
that create associations with lifestyle elements or images or depiction of a person, character or
animal.
Clause 25 would prohibit a person authorized to sell cannabis to do so unless packaged or labelled in
accordance with regulations made under the proposed Cannabis Act.
Specific packaging and labelling requirements such as those requiring the use of child-resistant
packaging and warning labels would be set out in regulations.
Prohibited activities with respect to displaying cannabis

Clauses 29 and 30 would set out prohibitions for persons authorized to sell cannabis to display cannabis
(including any package or labels for cannabis) where they may be seen by a young person, including at
point of sale. A similar prohibition would apply to persons who sell cannabis accessories.
This is intended to minimize exposure to cannabis and cannabis accessories, and protect young persons
from incentives to use. It would also mitigate the concern that the presence of any cannabis promotion
could work against youth education efforts.
The Governor in Council would be able to make regulations respecting the display of cannabis or
cannabis accessories (clause 139(1)(p).
Selling and distributing cannabis and cannabis accessories

Division 2, Subdivision D sets out specific prohibitions respecting selling and distributing cannabis and
cannabis accessories. These prohibitions would be in addition to the criminal prohibitions set out in
clauses 9 and 10 concerning the distribution and sale of cannabis. The approach is similar to federal
controls for tobacco and proposed oversight for vaping products under Bill S-5. It is also consistent with
the Task Force recommendations related to the protection of youth, aiming to restrict youth access and
prevent inducement to use by minimizing exposure and easy access to cannabis. Relevant regulations
could be made regarding sale and distribution under subclause 139(1).
Clauses 31 to 38 of Subdivision D would enact the following:
Selling cannabis or cannabis accessories would be prohibited if they have an appearance, shape
or attribute that could be appealing to a young person (clause 31);
It would be prohibited to sell cannabis accessories to a young person (clause 32(1));
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It would not be a defence to a charge under subclause 32(1) that an accused person believed
the person to whom they sold the cannabis accessory was at least 18 years of age, unless the
accused took reasonable steps to determine the persons age (subclause 33(2));
Only classes of cannabis referred to in Schedule 4 could be sold (i.e., dried cannabis, cannabis
oil, fresh cannabis; cannabis plants; seeds) (clause 33);
Cannabis could not be sold if it contains ingredients set out in Schedule 5 of the proposed Act
(e.g., nicotine or caffeine) (clause 34);
Recalled cannabis could not be sold or distributed (clause 35); and
Selling or distributing cannabis or cannabis accessories by means of a self-service display (clause
36) or by dispensing device, such as a vending machine (clause 37), would be prohibited.
Other Prohibitions
Division 2, Subdivision E would set out additional prohibitions in support of the administration and
enforcement of the proposed Act and its regulations. In many cases these prohibitions would work
alongside the provisions set out in Part 7: Inspections. The legislation would prohibit the obstruction of
an inspector when they are carrying out their duties and functions (subclause 38(1)), the making of false
or misleading statements to an inspector (subclause 38(2)), and moving, altering or interfering with
anything seized by an inspector under clause 86 (subclause 38(3)). It would also prohibit the making of
false or misleading statements in records or documents that would be required to be kept and
maintained (clause 39).
Obligations for persons authorized to sell cannabis or cannabis accessories

Clause 40 would require holders of licences or permits to comply with the conditions set out in the
licence or permit. The conditions could be common requirements applicable to all holders of a type of
licence or permit, in addition to specific requirements tailored for a specifically authorized facility.
Conditions are important because they typically complement or reinforce health and safety
requirements set out in regulation, and provide regulators with the ability to set additional restrictions
such as specific product types authorized for manufacture and sale, how cannabis is to be cultivated,
and permitted annual production amounts. The Governor in Council would be able to make relevant
regulations respecting the issuance of licences, permits or other authorizations, and their renewal,
duration and conditions (subclause 139(1)).
Clause 41 would require the holder of a licence or permit to cease conducting any activities to which
suspension of the licence or permit relates.
Clauses 42 and 43 provide for the public disclosure of information or providing information to the
Minister of Health. The details for public disclosure would be set out in regulations and could, for
example, include federal requirements for providing information about promotional activities.
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Ticketable Offences
In addition to the procedures set out in the Criminal Code for prosecuting the offences in Division 1 of
the proposed Act, clauses 51 to 60 would create a ticketing scheme which would allow for police officers
to issue tickets to individuals who are 18 years of age or older or to organizations.
Subclause 51(1) sets out the procedure for issuing a ticket, including the manner in which a police
officer should complete a ticket.
Subclause 51(2) identifies the offences (possession, distribution, sale and production) for which a ticket
could be issued. It is expected that the ability to issue tickets would reduce criminal prosecutions for less
serious offences, thereby reducing the burden on police and on the criminal justice system.
Subclause 51(3) sets out the content of the tickets including a description of the offence, a statement
signed by the police officer that he or she has reasonable grounds to believe that the accused
committed the offence, the amount to be paid, and the manner in which and period within which the
amount is to be paid. The ticket will also contain a statements that if the accused wishes to plead not
guilty, the accused must appear in the court, at the place, day and time set out in the ticket; that if the
accused pleads not guilty, he or she will be given an opportunity to indicate in which official language he
or she wishes to be tried; and that if the accused does not enter a plea and does not pay the amount
within the period set out in the ticket, a conviction will be entered in the judicial record of the accused.
The amount of the fine would be set at $200, plus a victim surcharge calculated in accordance with
subsection 737(2) of the Criminal Code, plus any applicable administrative fees (subclause 51(4)).
Clause 52 indicates that the consequences of paying the amount within the period set out in the ticket
would constitute a plea of guilty to the offence, that a conviction would be entered in the judicial
record; that the record would be kept separate and apart from other judicial records. In addition, the
judicial record could not be used for any purposes that would identify the accused as a person who was
dealt with under the proposed Cannabis Act.
Clause 53 provides that if an accused pleads not guilty and is convicted of the offence described in the
ticket, the accused is liable to a fine of $200, or, if in contravention of a provision specified in the
regulations, to a fine equal to the amount specified in those regulations in respect of that contravention.
If the accused is convicted of the offence and pays the amount owing in respect of the conviction, the
judicial record of the accused in relation to the offence must be kept separate and apart from other
judicial records and it must not be used for any purpose that would identify the accused as a person
dealt with under the proposed Act.
Clause 54 would set out that the consequences of failing to pay the amount set out in the ticket would
result in a criminal record and clause 55 provides for possible imprisonment if the individual is able but
unwilling to pay the fine or the amount of the victim surcharge.
Clause 56 states that no information under the Criminal Code may be laid in respect of an offence for
which a summons portion of a ticket is delivered or sent.
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Clause 57 provides that, except where otherwise provided by this Part of the proposed Act, Part XXVII of
the Criminal Code applies to proceedings commenced under this Part.
Clause 58 gives the Crown prosecutor the ability to elect to proceed with a ticket where an information
has been laid. It also sets out the procedure for informing the accused that the Crown has elected to
proceed by way of a ticket and the consequences of this election.
Clauses 59 60 states that the Attorney General of Canada may enter into agreements with the
provinces regarding the prosecution and enforcement of tickets and the sharing of fines and fees that
are collected from the prosecution of tickets.
Under subclause 139(1), the Governor in Council would be able to make regulations specifying
additional offences as ticketable. However, this authority would only apply to offences that are not
contained in Division 1 of Part 1 of the proposed Act.
General licensing scheme for persons authorized to distribute, sell, produce, import or export
cannabis
Clauses 61 to 68 would set out a general licensing scheme for persons to distribute, sell, produce,
import or export cannabis. The licensing scheme would allow for the creation of a cannabis industry in
Canada that is strictly regulated. It would allow the Minister of Health to respond quickly to industry
non-compliance that may pose risks to public health and public safety.
The licensing scheme would provide the Minister of Health with authority to issue licences and permits
to conduct activities involving cannabis, and to add licence and permit conditions. It would allow the
Minister of Health to establish classes of applications (e.g., applications for large scale producers). It
would give the Minister of Health the authority to issue, amend, suspend or revoke a license or a permit.
Clauses would set out the grounds for refusal (subclause 62(7)), a requirement to notify in writing with
respect to refusal or suspension, and proposed revocations (subclauses 62(8) and 64(2) and clause 66).
The proposed legislation includes authority to request additional application information, including
financial information (subclauses 62(4) and (54)), and to grant, refuse, suspend or cancel security
clearances (clause 67). This information would be used to verify that the persons applying for a licence
or permit have sufficient financial resources to conduct their business in a responsible manner (i.e., to
mitigate the risk of organized crime infiltrating the legal cannabis supply chain).
Subclause 62(2) would limit import and export licences or permits to medical or scientific purposes, or
for industrial hemp. This approach is consistent with current regulations pertaining to industrial hemp
and cannabis for medical purposes.
Subclause 68(1) would allow the Minister of Health, by order, to set a date for the termination of
applications for a certain class or classes of applications for a licence or permit. The approach would
allow the Minister to terminate existing licence or permit applications in order to commence the
issuance of those documents by a different process or mechanism.
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Subclause 68(2) would require that any fees paid for terminated applications be returned.
Clauses 142 to 147 would allow the Minister of Health, by order, to set up a cost recovery scheme,
including for approvals, authorizations, exemptions or regulatory processes that would be provided by
Health Canada.
The Governor in Council would be able to make regulations respecting, for example, the issuance of
licences and permits and establishing classes of licences and permits, the qualifications of individuals
conducting activities with cannabis, and the composition, strength, concentration, potency, purity or
quality or any other property of cannabis.
Ministerial Orders - Provision of Information, Test and Studies, Mandatory Recall
Clauses 73 to 76 would authorize the making of ministerial orders directed at persons authorized to
conduct activities under the proposed Act or a relevant provincial statute. These orders might include
requirements to:
Provide compliance-related information to the Minister (clause 73);

Conduct tests or studies and provide the Minister with the results (clause 74);
Take measures to prevent or remedy non-compliance (clause 75); or
Recall cannabis if the Minister believes it is necessary to protect public health or public safety
(clause 76).
Tests to verify compliance could be ordered to verify whether cannabis meets quality control
requirements. The content of an order, including reasons for the order and details of actions required,
would also be specified in the order.
Similar to the Canada Consumer Product Safety Act, clause 79 would set out the process to review these
ministerial orders on grounds that involve questions of fact or questions of mixed law and fact by a
review officer that has been designated by the Minister of Health.
Under subclause 139(1), the Governor in Council would be able to make relevant regulations respecting
the making, serving, and filing of an order, recall, and the review of orders.
Cannabis Tracking System
Division 4, Part 6 sets out the provisions for the Minister of Health to establish a national seed-to-sale
tracking system for cannabis. The tracking system would enable cannabis to be tracked (paragraph 81
(a)), prevent cannabis from being diverted to an illegal market or activity (paragraph 81 (b)), and
prevent illegal cannabis from becoming a source of supply into the legal market (paragraph 81 (c)).
The Minister of Health would have the authority to order federally and provincially or territorially
authorized persons to provide any information relating to their activities, such as cannabis receipt, sales
and disposal (subclause 82 (1)).
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Paragraphs 83 (a) to (f) set out authorities for the Minister of Health to disclose information that is
contained in the system:
to a government of a province or territory, a public body, or a federal Minister for the purpose
of verifying compliance or preventing non-compliance;
if the Minister of Health has reasonable grounds to believe that disclosure is necessary to
protect public health or public safety;
to fulfill international obligations; or
to any prescribed person or in a prescribed circumstance.
General Authorizations provincial and territorial
Clause 69 sets out a framework for provinces and territories to authorize the selling of cannabis such
that a person could possess, sell or distribute cannabis if they have been authorized to do so under
provincial or territorial legislation that includes specific legislative measures. Subclause 69(3) would
specify that the measures would require that provincially authorized sellers must:
Only sell cannabis that has been produced by a federally authorized producer;
Not sell cannabis to a person younger than 18;
Keep appropriate records respecting their activities in relation to cannabis that they possess for
commercial purposes; or
Take adequate measures to prevent diversion to an illegal market or activity.
Inspections, Search Warrants, and Disposition of Seized Things
Clauses 84 to 109 would provide broad and modern administration and enforcement powers similar to
existing provisions set out under the Canada Consumer Product Safety Act and amendments being
proposed in Bill C-37 to the Controlled Drugs and Substances Act. Use of these powers would help to
promote quality control of the supply of cannabis, mitigate risks of diversion to the illegal market, and
facilitate enforcement of the proposed Act.
Subclause 84(1) would authorize the Minister to designate inspectors for the purposes of administration
and enforcement of the proposed Act. Clause 86 sets out the authorities for inspectors to carry out
inspection activities, including the authority to:
Enter any place, including a conveyance (e.g., a vehicle, boat, etc.) (subclause 86(1)), that an
inspector believes on reasonable grounds an activity that may be regulated under the proposed
Act is being conducted (e.g. places where regulated activities could be conducted under a
license or authorization);
Open and examine receptacles and packages (paragraph 86(2)(a));
Examine labels, promotional materials, records, books, electronic data or other documents
(paragraph 86(2)(b));
Seize or detain anything in respect of which there are reasonable grounds to believe the
proposed Act or the regulations have been contravened (paragraph 86(2)(j)); and
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Inspect a residence. An inspector would only be able to enter with the consent of the occupant
or under the authority of a judicial warrant (subclause 86(7)). This would only be allowed in
places where the criteria in subclause 86(1) are met, such as where the inspector has
reasonable grounds to believe that an activity that may be regulated under the Act is being
conducted.
Authority to enter a conveyance, such as a car, is an important tool for inspectors because they may
need to stop and enter a conveyance for the purpose of an inspection, have them moved (e.g., to a
testing facility), or have them parked (e.g., to keep the product from being taken away). This is similar to
the amendment to the Controlled Drugs and Substance Act proposed in Bill C-37.
The proposed Act would also authorize the issuing of a search warrant in situations connected with
contraventions of the Act (subclause 87(1)). It would enable an application for a search warrant to be
submitted by telephone or by another means of telecommunication (subclause 87(2)) and would
provide a police officer with the authority to enlist assistance and use force, if necessary (clause 88). It
also allows a search warrant to be executed in another province or territory after it has been validated
by a justice in that jurisdiction (clause 87 (3)).
The legislation sets out procedures for the reporting on, management, and disposal of property seized in
connection with criminal offences while legal proceedings are concluded. Part 9 distinguishes where the
proposed Act would apply to cannabis, chemical that is not chemical offence-related property, chemical
offence-related property (e.g., fertilizer, pesticides, solvents) and non-chemical offence-related property
(e.g., money, vehicle, residence), and where procedures under the Criminal Code would apply.
Fines and Penalties for certain offences and administrative monetary penalties
Clause 44 sets out indictable and summary conviction offences, and maximum associated penalties, for
contraventions to the proposed Act where a punishment is not otherwise provided, a regulation or an
order. This includes penalties for offences related to promotion, packaging and labelling and displaying
cannabis, contravention of a ministerial order, and failing to comply with a condition of licence. The
maximum penalty for a person found guilty of an indictable offence is a fine up to $5,000,000 or
imprisonment for up to three years, or both.
This high level of fine would be consistent with the Canada Consumer Product Safety Act and the Safe
Food for Canadians Act, and would allow the Government to take more effective action against licensed
persons who jeopardize public health or public safety.
In addition to indictable and summary conviction offences, clauses 110 to 127 would set out an
Administrative Monetary Penalties (AMP) scheme that would be similar to those found in other health-
related legislation (e.g. Canada Consumer Product Safety Act and proposed amendments to the
Controlled Drugs and Substances Act). AMPs are a tool that could be used by inspectors to deal, for
instance, with violations committed by a licence holder and provide for flexibility to issue a notice of
violation with a monetary penalty amount instead of referring the matter for prosecution. Subclause
111(1) sets out a maximum penalty amount of $1 million per day of a continuing violation, clauses 112
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to 127 would set out procedures and rules, including a right to a review of alleged violations and the
ability to enter into a compliance agreement with a reduced monetary penalty as a possibility.
Governor in Council regulation making authorities for AMPS would include classifying violations as
minor, serious or very serious; and fixing maximum penalty amounts.
Disclosure of Information
Clause 128 would allow for the disclosure of any personal information, without consent or notice, in
order to protect public health or public safety, subject to the definition of personal information in the
Privacy Act.
In order to use this authority, the Minister must have evidence to demonstrate that the use of this
power is necessary to protect public health or public safety.
Confidential business information (CBI) disclosure: cClause 129(1) introduces an authority to permit the
Minister to disclose confidential business information (CBI) obtained under the proposed Act without
notifying the person to whose business or affairs the information relates or obtaining their consent if it
is necessary for the purpose of protecting public health or public safety.
Subclause 129(2) defines CBI and sets out the three conditions that must be met in order for
information to be considered CBI. The definition reflects common law principles and is consistent with
the definition of the same in other domestic legislation (i.e., Canada Consumer Product Safety Act, Food
and Drugs Act).
This definition is necessary to support the Ministers power to disclose confidential business information
for the purpose of protecting public health or public safety (subclause 129(1)).
Transitional Provisions, Related, Consequential and Coordinating Amendments
Part 12 of the Bill would allow for a transition scheme necessary to allow for an orderly transition as
cannabis is removed from the oversight of the Controlled Drugs and Substances Act and placed under
the proposed Cannabis Act. This Part of the Bill would also amend other federal legislation as a
consequence of Parliament passing the Bill.
Transitional Provisions
Given that cannabis would be removed from the scope of Controlled Drugs and Substances Act and
replaced with a new regime under the proposed Cannabis Act and its regulations, specific legislative
provisions would be required to support this transition.
To this end, clause 153 would allow decisions made by the Minister under the CDSA in relation to
cannabis to be decisions made under the proposed Act. Clauses 154 and 155 would allow existing
inspectors and analysts designated under the CDSA to continue their duties and functions in relation to
cannabis without a new designation if and when the proposed Act is brought into force. The legislation
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would also allow authorizations provided under the Access to Cannabis for Medical Purposes
Regulations (i.e., licences, import and export, permits, security clearances) to continue to be valid until
their expiry date, unless they are revoked or cancelled before that date.
There would also be provisions to transition existing schemes related to cannabis under the Industrial
Hemp Regulations and the Narcotic Control Regulations.
There would be provisions to transition existing exemptions related to cannabis issued under section 56
of the Controlled Drugs and Substances Act to be exemptions under the proposed Cannabis Act (clause
156). Clause 161 would allow the Governor in Council to make regulations as necessary to provide for
any other transitional matter could come up as a result of the coming-into-force of the proposed Act.
Related Amendments
There would be a related amendment to the Non-smokers Health Act (clauses 162-164) to prohibit the
smoking and vaping of cannabis in federally regulated places and conveyances, similar to restrictions in
place for tobacco smoking.
Consequential Amendments
In addition, there would be consequential amendments to federal statutes that previously applied to
cannabis as a controlled substance under the Controlled Drugs and Substances Act where their
application is still relevant.
The proposed Act would make necessary changes to the Criminal Records Act (clause 165), the
Identification of Criminals Act (clause 166), the Canada Consumer Product Safety Act (to exclude
cannabis from application, except for cannabis accessories) (clause 186), the National Defence Act
(clause 168), the Customs Act (clause 169-170), the Mutual Legal Assistance in Criminal Matters Act
(clause 171), the Corrections and Conditional Release Act (clause 172), the Seized Property
Management Act (clauses 173-181), the Firearms Act (clause 182), the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act (clause 183), the Youth Criminal Justice Act (clause 184), the
International Interests in Mobile Equipment (aircraft equipment) Act (clause 185), and the Canadian
Victims Bill of Rights (clause 198).
Coordinating Amendments
Clauses 188-193, 206 and 225 propose coordinating amendments with respect to other pieces of
legislation or bills that are amending the same provisions as set out above and below.
Part 13 Amendments to the Controlled Drugs and Substances Act
The proposed Act would make changes to the Controlled Drugs and Substances Act (clauses 194-205).
Some of these changes are necessary as a result of the transfer of cannabis from the Controlled Drugs
and Substances Act to the proposed Cannabis Act and some of them are to better align the two Acts, for
example with respect to definitions and penalties.
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Part 14 Amendments to the Criminal Code
The proposed Act would make changes to the Criminal Code (clauses 207-224). Some of these changes
are necessary as a result of the transfer of cannabis from the Controlled Drugs and Substances Act to the
proposed Cannabis Act. Part XXII.1 of the Criminal Code with respect to offences related to instruments
and literature for illegal drug use would be repealed given that the proposed Cannabis Act would deal
with promotion of cannabis as well as activities with cannabis accessories.
Coming into Force
Clause 226 provides that certain provisions of the proposed Act would come into force at Royal Assent
(regulation-making authority concerning transitional matters, coordinating amendments, and some
Controlled Drugs and Substances Act amendments). Other provisions of the proposed Act would be
brought into force on a date(s) set by the Governor in Council.
33
Coming into Force of the Proposed Cannabis Act
The Government intends to bring the proposed Cannabis Act into force no later than July 2018. At that
time, adults would be able to legally possess, grow and purchase cannabis with restrictions. To deter
criminal activity, the Government is committed to ensuring that there is a safe, legal supply of cannabis
available for sale when the proposed Act comes into force.
What would be legal?
Under the proposed Cannabis Act, adults (individuals 18 years of age or older) would be able to possess
cannabis, up to a limit of 30 grams of dried cannabis or its equivalent when in public. Consistent with the
recommendations of the Task Force, adults would be allowed to grow cannabis plants at home up to a
limit of 4 plants per residence, with each plant not to exceed 100 cm in height. They would be able to
share up to 30 grams of dried cannabis or its equivalent with other adults and would be allowed to
prepare different types of products (such as foods or beverages containing cannabis), provided that they
do not use dangerous organic solvents to do so. Finally, they would be able to purchase cannabis from
an authorized retailer or a federally licensed producer.
Both federal and provincial governments may validly legislate over matters addressing public health and
public safety. That is to say, regulation of a particular activity will fall within federal jurisdiction in one
respect, while falling within provincial jurisdiction in another, such as age of possession, possession and
distribution amounts and personal cultivation. The approach proposed in Bill C-45 provides scope for
provinces and territories to tailor their legislation to address their local circumstances in a manner that
is consistent with the objectives of the proposed Cannabis Act.
Provinces, territories and municipalities would have the authority to set additional requirements to
address areas of local concern. For example, they could set a higher minimum age limit, or more
restrictive limits on possession or personal cultivation than those in the proposed Act. They may also
establish rules for cannabis-based businesses, or restrict where cannabis may be consumed (e.g., where
smoking tobacco is prohibited).
Where would adults be able to purchase cannabis?
Adults would be able to purchase cannabis from a provincially or territorially authorized retailer who, in
turn, would be able to buy their supply only from a federally authorized producer in order to ensure that
the commercial supply of cannabis is quality controlled and safe. The provinces and territories would be
responsible for defining the type of distribution and retail system, number of authorized retailers that
would operate in their jurisdiction, etc.
In provinces or territories that have not put in place a regulated retail framework by the time the
proposed Act comes into force, adults would be able to purchase cannabis online from a federally
licenced producer with secure home delivery through the mail or by courier. Once a provincial or
34
territorial system is operational, the ability to purchase directly from a federally licenced producer
would be re-evaluated.
Possession, production, distribution and sale outside of the legal system would remain illegal and be
subject to criminal penalties.
What would adults be able to purchase?
Initially, adults would be able to legally purchase fresh and dried cannabis, cannabis oil, and seeds or
plants for personal cultivation. Other forms of cannabis products, such as edibles, would become
available at a later date, once necessary federal regulations have been developed and brought into
force.
35
Access to Cannabis for Medical Purposes
The Government is committed to maintaining access to cannabis for medical purposes. Upon the coming
into force of the proposed Cannabis Act, the federal government would implement the
recommendation of the Task Force and maintain the current access program for medical cannabis
during the transition to the new legal regime.
When the proposed Cannabis Act comes into force, individuals with a medical need who are registered
with a federally licensed producer would continue to be able to access fresh or dried cannabis or
cannabis oil, or starting materials (seeds or plants). They would also continue to be able to produce a
limited amount for their own medical purposes or designate someone to produce it on their behalf.
The Task Force also recommended that the Government monitor and evaluate patients reasonable
access to cannabis for medical purposes during the implementation of the proposed Cannabis Act and
then evaluate the medical access framework within five years. Health Canada will closely monitor and
evaluate patient access to cannabis to medical purposes during the implementation of the new law and
will make adjustments as necessary to maintain reasonable access.
Differences between the proposed Cannabis Act and the Access to Cannabis for Medical Purposes
Regulations
Under both the proposed Cannabis Act and the Access to Cannabis for Medical Purposes Regulations
(ACMPR), individuals can possess, cultivate and purchase cannabis within certain limits. However, given
the different objectives of each regime, there are many differences between them in terms of:
who can possess cannabis;

how much they can possess, purchase, or grow; and,
where they can purchase it.
For example, under the ACMPR, the number of plants an individual can grow is based on the daily dose
authorized by their health care practitioner, whereas under the proposed Cannabis Act, the limit is 4
plants per residence.
Impact on Access to Cannabis for Medical Purposes
When the proposed Cannabis Act comes into force, the Government will look to adjust any limits under
the medical access program that are more restrictive to be consistent with the proposed Cannabis Act.
These changes would be few and very minor, and should not impact the end user. A limit on storage is
one example where the ACMPR is more restrictive. There is no storage limit in the proposed Cannabis
Act, and as such, this limit would be removed for the medical access program.
Conversely, if the limits are higher under the ACMPR, they will remain the same. Individuals would be
required to demonstrate that they are authorized to possess or cultivate quantities that exceed the
limits in the proposed Cannabis Act when requested.
36
Charter Statement
Explanatory Note
The Minister of Justice prepares a Charter Statement to help inform public and Parliamentary debate
on a government bill. One of the Minister of Justices most important responsibilities is to examine
legislation for consistency with the Canadian Charter of Rights and Freedoms [the Charter]. By tabling
a Charter Statement, the Minister is sharing some of the key considerations that informed the review of
a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may
potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in
light of the measures being proposed.
A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter
rights and freedoms. Section 1 of the Charter provides that rights and freedoms may be subject to
reasonable limits if those limits are prescribed by law and demonstrably justified in a free and
democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms.
The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic
society.
A Charter Statement is intended to provide legal information to the public and Parliament. It is not
intended to be a comprehensive overview of all conceivable Charter considerations. Additional
considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary
study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill.
Charter Considerations
The Minister of Justice has examined Bill C-45, An Act respecting cannabis and to amend the Controlled
Drugs and Substances Act, the Criminal Code and other Acts, for consistency with the Charter pursuant
to her obligation under section 4.1 of the Department of Justice Act. This review involved consideration
of the objectives and features of the Bill.
What follows is a non-exhaustive discussion of the ways in which Bill C-45 potentially engages the rights
and freedoms guaranteed by the Charter. It is presented to assist in informing the public and
Parliamentary debate on the Bill.
Criminal offences (Part I, Division I)
Clauses 8 through 13 of the Bill would create a number of new criminal offences, including offences in
relation to the possession, distribution and production of cannabis. These new offences would replace
the offences currently applicable to the same conduct under the Controlled Drugs and Substances Act
(CDSA). Clause 8 would set out the basic possession offences, which would include different offences for
adults (individuals over the age of 18) and young persons (individuals over the age of 12 but under 18).
For example, under paragraph 8(1)(a), adults would be prohibited from possessing, in a public place,
cannabis in an amount greater than the equivalent of 30 grams of dried cannabis. Under paragraph
37
8(1)(c), young persons would be prohibited from possessing more than 5 grams of dried cannabis or its
equivalent. Clause 9 would create a number of offences related to the distribution of cannabis.
Distributing would be defined to encompass various means of making cannabis available, other than
selling, which would be covered by a separate offence in clause 10. Adults would be prohibited from
distributing cannabis to individuals under the age of 18 and from distributing more than 30 grams of
dried cannabis or its equivalent to adults. Young persons would be prohibited from distributing more
than 5 grams or its equivalent. Clause 12 would create offences in relation to the production of cannabis
and would prohibit, among other things, the cultivation, propagation or harvesting of more than four
plants by an adult in their residence. Cultivation, propagation or harvesting by young persons would be
prohibited. Individuals would be permitted to alter the physical or chemical properties of cannabis that
they can lawfully possess, provided that they do not use explosive or highly flammable substances to do
so.
The new offences would be similar to those contained in the CDSA, but the applicable penalties would
be adapted to reflect the new legal environment in which access to cannabis would be permitted but
strictly regulated. For all but two of the new offences, the maximum penalty would be lower than the
maximum penalty that is currently applicable under the CDSA. For example, the offences of selling and
distributing cannabis would be subject to a maximum penalty of 14 years imprisonment as opposed to a
maximum penalty of life imprisonment for the corresponding offence of trafficking under the CDSA. The
only two exceptions would be the offences of simple possession and cultivation of cannabis plants over
the applicable limits. The maximum penalties for these offences would remain the same as those under
the current provisions of the CDSA (five years less one day and 14 years, respectively). Importantly, the
Bill would not include any mandatory minimum penalties and would preserve the discretion of judges to
craft sentences that are proportionate to the gravity of the offence and the degree of responsibility of
the offender.
Life, liberty and security of the person (section 7)
Any criminal prohibition that gives rise to the possibility of imprisonment engages the section 7 right to
liberty, and must therefore accord with the principles of fundamental justice. These include the
principles against arbitrariness, overbreadth and gross disproportionality. An arbitrary law is one that
impacts section 7 rights in a way that is not rationally connected to the laws purpose. An overbroad law
is one that impacts section 7 rights in a way that, while generally rational, goes too far by capturing
some conduct that bears no relation to the laws purpose. A grossly disproportionate law is one whose
effects on section 7 rights are so severe as to be completely out of sync with the laws purpose.
The following considerations support the consistency of the offences with section 7. The complete
prohibition on recreational cannabis was upheld by the Supreme Court of Canada in R. v. Malmo Levine
(2003) and R. v. Clay (2003). As compared to the existing law, the proposed narrowed offences would
promote liberty and autonomy by creating a zone of lawful conduct in relation to cannabis. The Bill
would retain the overarching purposes of the existing law the protection of public health and public
safety while adding a number of more specific purposes, including in relation to the protection of the
health of young persons and the reduction of illegal activities in relation to cannabis. The new offences
38
target the specific risks associated with the use of cannabis by young persons and the diversion of
cannabis into the illegal market. As such, they reflect a tailored approach to the legislative objectives.
Equality (section 15)
Section 15(1) of the Charter protects equality rights. It provides that every individual is equal before and
under the law and has the right to the equal protection and equal benefit of the law without
discrimination, including on the basis of age.
The new possession, distribution and production offences potentially engage section 15 because they
apply differently to adults than to young persons with a wider range of conduct being criminally
prohibited for young persons as compared to adults. It is important to note that young persons would
be dealt with under the Youth Criminal Justice Act (YCJA), which tempers the effects of involvement with
the criminal justice system in several ways. The YCJA recognizes that young people lack the maturity of
adults, and incorporates principles and measures that are consistent with this reduced level of maturity.
The YCJA encourages the use of measures outside of the formal court system for less serious offences in
recognition of the fact that such measures are often the most appropriate and effective way to respond
to youth offending. Police are required under the YCJA to consider taking no further action, or using
measures such as warnings or referrals to community-based programs, before laying charges. Such
measures are presumed to be adequate to respond to first-time, non-violent offences, including drug
offences. Where formal charges are pursued and a young person is found guilty of an offence, the YCJA
provides for flexibility in sentencing, including the option of reprimanding the young person, and
imposes limits on the retention and use of criminal records.
The following considerations support the consistency of these offences with the Charter. The broader
criminal prohibitions applicable to youth are based on a substantial body of scientific evidence
concerning the heightened risks of cannabis use for young persons as compared to adults. In particular,
the evidence suggests that cannabis use during adolescence, when the brain is still developing, poses
greater health risks than use in adulthood. These risks include greater potential for addiction, negative
effects on cognitive and intellectual development, and harms to mental health. In addition, the
prohibitions applicable to young persons are specifically tailored to narrow the threat of criminal
sanction in several ways, including the following: the possession of small amounts of cannabis by young
persons is not criminalized and the prohibitions operate in the context of other prohibitions designed to
prevent cannabis from getting into the hands of young persons in the first place. In this latter respect, it
is important to note that the Bill would prohibit the sale of cannabis to a person under 18 years of age,
distribution of cannabis by an adult to a person under 18 years of age, and distribution of more than 5
grams of cannabis by a young person.
Restrictions on promotion, packaging and labelling (Part I, Division 2, Subdivisions 1, 2)
The Bill would place a number of restrictions on the promotion, packaging and labelling of cannabis and
cannabis accessories, similar to the restrictions applicable to tobacco products under the Tobacco Act.
Clauses 16-24 would restrict the promotion of cannabis but would not apply to artistic or scientific
works provided that no payment or reward is given for the use or depiction of cannabis in the work. The
39
restrictions would include a general prohibition on the promotion of cannabis, cannabis accessories and
services related to cannabis, subject to limited exceptions for informational and brand-preference
promotion targeted at adults. Also included would be, among other things, prohibitions on false
promotion and sponsorship. Clauses 25-28 would establish comparable restrictions in respect of
packaging and labelling, generally prohibiting packaging and labelling that could be appealing to young
persons or encourage cannabis use.
Freedom of expression (section 2(b))
Section 2(b) of the Charter protects freedom of expression and generally extends to advertising and
other expression that is done for commercial purposes, including commercial expression by
corporations. The restrictions on promotion, packaging and labelling would limit the right to freedom of
expression.
The following considerations support the consistency of the restrictions on promotion, packaging and
labelling with the Charter. The restrictions on promotion, packaging and labelling are modelled on the
approach taken in the Tobacco Act, which was upheld by the Supreme Court of Canada as a reasonable
limit on expression rights in Canada (A.G.) v. JTI-MacDonald (2007). Although the risks associated with
cannabis are not identical to those associated with tobacco, they are sufficiently serious to ground a
comparable approach. The restrictions target expression that is of low value, namely, commercial
expression that is used to induce people to engage in behaviour associated with health risks (particularly
for vulnerable groups including young persons). The Bill would permit informational and brand-
preference promotion, subject to placement restrictions to limit young persons exposure to such
promotion. This would allow adult consumers to make informed decisions about consumption while
responding to the greater risks that cannabis poses for young persons.
Ticketable offences and administrative monetary penalties (Parts 2 and 10)
Part 2 (clauses 51-60) would create a ticketing option for certain offences. Specified proceedings against
adults could be commenced by giving the accused a ticket setting out listed information, including: the
police officers reasonable grounds to believe that the accused committed the offence; the amount to
be paid; the manner and period within which payment must be made; the consequences of payment
and non-payment; and the procedure to be followed if the accused wishes to plead not guilty (clause
51). Payment would result in a conviction being entered in the judicial record of the accused. However,
the effect would be the same as that of a pardon or record suspension the judicial record would be
kept separate and apart from other judicial records and could not be used to identify the accused as a
person dealt with under the Act (clause 52). Where an accused pleads not guilty but is ultimately found
guilty, a conviction would be entered and the accused would be liable to the fine that was set out in the
ticket (clause 53). Non-payment of the ticket would also result in a conviction (clause 54). Although a
finding of guilt or failure to pay the ticket would both result in a criminal record, the Bill would provide
that upon payment of the amount owing, the judicial record would have to be treated in the same way
as the records of people who initially pay the ticket (subclauses 53(2), 54(2)). The only circumstance in
40
which a ticket could lead to imprisonment is that of an accused who is able but unwilling to pay (clause
55).
Part 10 (clauses 110-127) of the Bill would create an administrative monetary penalty regime that would
be available in respect of contraventions of the provisions of the Act (except the Criminal Activities
provisions in clauses 8-14) and regulations or certain ministerial orders (clause 111). The Bill would
provide for the issuance of a notice of violation setting out, among other things, the alleged violation,
the penalty, and a summary of the named persons rights, including the right to seek review of the
alleged facts or the penalty amount (clause 112). Proceeding with a notice of violation would preclude
proceeding with criminal charges (clause 126) and would not give rise to the possibility of
imprisonment.
Fair trial rights (section 11) and the presumption of innocence (section 11(d))
Section 11 of the Charter guarantees certain procedural rights to persons who have been charged with
an offence. Its protections apply to proceedings that are penal in nature or that may lead to true
penal consequences. True penal consequences include imprisonment and fines with a punitive purpose
or effect, as may be the case where the fine or penalty is out of proportion to the amount required to
achieve regulatory purposes. Section 11(d) guarantees the right to be presumed innocent until proven
guilty according to law in a fair and public hearing by an independent and impartial tribunal.
Ticketable offences (Part 2)
A ticket can result in conviction in the absence of a hearing and therefore has the potential to impact
section 11(d) rights. The following considerations support the consistency of Part 2 of the Bill with the
Charter. The Bill would, through the requirements related to the delivery and content of the ticket,
provide for adequate notice to the accused and an opportunity to assert their right to a hearing. The
ticketing option would be limited to proceedings involving conduct that is on the less serious end of the
spectrum (e.g., possession in public or distribution by an adult of more than 30 grams but not more than
50 grams of dried cannabis or its equivalent) and that is not associated with significant stigma. Finally, it
would always be open to an accused who was convicted (whether by a finding of guilt or non-payment
of the ticket) to pay the amount owing, at which point the judicial record would have to be kept
separate and apart and could not be used to identify the accused as a person dealt with under the Act.
Administrative monetary penalties (Part 10)
Part 10 would give rise to the possibility of substantial monetary penalties and therefore has the
potential to impact section 11 rights. The following considerations support the consistency of Part 10
with the Charter. The proceedings leading to the imposition of a monetary penalty would be
administrative in nature. The penalty imposed would have to be based on the compliance-related
factors listed in subclause 112(3) and serve the purpose of promoting compliance with the Act
(subclause 111(2)). The Bill would authorize designated officials to impose potentially high penalties (up
to $1,000,000 per day of a continuing violation). However, high monetary penalties would only be
imposed where necessary to provide sufficient economic incentives for compliance so that penalties are
41
not simply considered a cost of doing business by large corporations. Finally, penalties would be subject
to civil enforcement in the Federal Court but could not result in imprisonment for non-payment.
Inspection, requirement and disclosure powers (Parts 3, 5, 6, 7)
The Bill would create a number of regulatory powers analogous to those in other comparable laws. For
the purpose of verifying compliance or preventing non-compliance with the Act or regulations,
inspectors would, among other things, be authorized to enter and conduct inspections in places to
which the regulatory requirements under the Act apply (clause 86) and to order any person authorized
to conduct cannabis-related activities to provide documents, information or samples (clause 85). The Bill
would also include several provisions authorizing the designated Minister to require information for
regulatory purposes (clauses 62, 73-74), including for the purpose of establishing or maintaining a
national cannabis tracking system (clause 82).
The Bill would authorize the disclosure of information in a number of circumstances. Clause 83 would
authorize disclosure by the Minister of information in the national cannabis tracking system including:
disclosure to provincial governments or bodies for the purpose of verifying compliance or preventing
non-compliance with a provincial law authorizing the selling of cannabis; disclosure to any federal
Minister for the purpose of verifying compliance or preventing non-compliance with another federal Act
that applies to cannabis or any cannabis-related activity; and disclosure that is necessary to enable
Canada to fulfill its international obligations. Under clauses 128 and 129, the Minister would also be
authorized to disclose any personal or confidential business information that the Minister considers
necessary to protect public health or public safety.
Searches or seizures (section 8)
Section 8 of the Charter protects against unreasonable searches and seizures. A search or seizure will
be reasonable if it is authorized by a law, the law itself is reasonable in the sense of striking an
appropriate balance between privacy interests and the state interest being pursued, and the search is
carried out in a reasonable manner. Because the inspection, requirement and disclosure powers have
the potential to interfere with privacy interests they may engage section 8.
The following considerations support the consistency of these powers with the Charter. The inspection
and requirement powers would be available for regulatory, not penal, purposes (e.g., to assist the
Minister in making licensing decisions, to verify compliance or prevent non-compliance with the Act or
regulations, etc.) in circumstances where privacy expectations are diminished. As such, the proposed
powers are broadly analogous to inspection powers that have been upheld in the regulatory context.
The disclosure powers would similarly be available for broadly regulatory purposes (e.g., verifying
compliance or preventing non-compliance with provincial laws regulating the sale of cannabis and with
federal laws applicable to cannabis; fulfilling international obligations; and protecting public health or
public safety). Importantly, these provisions would confer a discretion on the Minister, which would
have to be exercised in accordance with the Charter.
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Annex 1 Task Force Report: Executive Summary
Introduction: Mandate, Context and Consultation Process
On June 30, 2016, the Minister of Justice and Attorney General of Canada, the Minister of Public Safety
and Emergency Preparedness, and the Minister of Health announced the creation of a nine-member
Task Force on Cannabis Legalization and Regulation ("the Task Force"). Our mandate was to consult and
provide advice on the design of a new legislative and regulatory framework for legal access to cannabis,
consistent with the Government's commitment to "legalize, regulate, and restrict access."
To fulfill our mandate, we engaged with provincial, territorial and municipal governments, experts,
patients, advocates, Indigenous governments and representative organizations, employers and industry.
We heard from many other Canadians as well, including many young people, who participated in an
online public consultation that generated nearly 30,000 submissions from individuals and organizations.
The Task Force looked internationally (e.g., Colorado, Washington State, Uruguay) to learn from
jurisdictions that have legalized cannabis for non-medical purposes, and we drew lessons from the way
governments in Canada have regulated tobacco and alcohol, and cannabis for medical purposes.
A Discussion Paper prepared by the Government, entitled "Toward the Legalization, Regulation and
Restriction of Access to Marijuana," informed the Task Force's work and helped to focus the input of
many of the people from whom we heard. The Discussion Paper identified nine public policy objectives.
Chief among these are keeping cannabis out of the hands of children and youth and keeping profits out
of the hands of organized crime. The Task Force set out guiding principles as the foundation of our
advice to Ministers: protection of public health and safety, compassion, fairness, collaboration, a
commitment to evidence-informed policy and flexibility.
In considering the experience of other jurisdictions and the views of experts, stakeholders and the
public, we sought to strike a balance between implementing appropriate restrictions, in order to
minimize the harms associated with cannabis use, and providing adult access to a regulated supply of
cannabis while reducing the scope and scale of the illicit market and its social harms. Our
recommendations reflect a public health approach to reduce harm and promote health. We also took a
precautionary approach to minimize unintended consequences, given that the relevant evidence is
often incomplete or inconclusive.
Minimizing Harms of Use
In taking a public health approach to the regulation of cannabis, the Task Force proposes measures that
will maintain and improve the health of Canadians by minimizing the harms associated with cannabis
use.
This approach considers the risks associated with cannabis use, including the risks of developmental
harms to youth; the risks associated with patterns of consumption, including frequent use and co-use of
cannabis with alcohol and tobacco; the risks to vulnerable populations; and the risks related to
interactions with the illicit market. In addition to considering scientific evidence and input from
43
stakeholders, the Task Force examined how other jurisdictions have attempted to minimize harms of
use. We examined a range of protective measures, including a minimum age of use, promotion and
advertising restrictions, and packaging and labelling requirements for cannabis products.
In order to minimize harms, the Task Force recommends that the federal government:
Set a national minimum age of purchase of 18, acknowledging the right of provinces and
territories to harmonize it with their minimum age of purchase of alcohol
Apply comprehensive restrictions to the advertising and promotion of cannabis and related
merchandise by any means, including sponsorship, endorsements and branding, similar to the
restrictions on promotion of tobacco products
Allow limited promotion in areas accessible by adults, similar to those restrictions under
the Tobacco Act
Require plain packaging for cannabis products that allows the following information on
packages: company name, strain name, price, amounts of delta-9-tetrahydrocannabinol (THC)
and cannabidiol (CBD) and warnings and other labelling requirements
Impose strict sanctions on false or misleading promotion as well as promotion that encourages
excessive consumption, where promotion is allowed
Require that any therapeutic claims made in advertising conform to applicable legislation
Resource and enable the detection and enforcement of advertising and marketing violations,
including via traditional and social media
Prohibit any product deemed to be "appealing to children," including products that resemble or
mimic familiar food items, are packaged to look like candy, or packaged in bright colours or with
cartoon characters or other pictures or images that would appeal to children
Require opaque, re-sealable packaging that is childproof or child-resistant to limit children's
access to any cannabis product
Additionally, for edibles:
o Implement packaging with standardized, single servings, with a universal THC symbol
o Set a maximum amount of THC per serving and per product
Prohibit mixed products, for example cannabis-infused alcoholic beverages or cannabis products
with tobacco, nicotine or caffeine
Require appropriate labelling on cannabis products, including:
o Text warning labels (e.g., "KEEP OUT OF REACH OF CHILDREN")
o Levels of THC and CBD
o For edibles, labelling requirements that apply to food and beverage products
Create a flexible legislative framework that could adapt to new evidence on specific product
types, on the use of additives or sweeteners, or on specifying limits of THC or other components
Provide regulatory oversight for cannabis concentrates to minimize the risks associated with
illicit production
Develop strategies to encourage consumption of less potent cannabis, including a price and tax
scheme based on potency to discourage purchase of high-potency products
Require all cannabis products to include labels identifying levels of THC and CBD
44
Enable a flexible legislative framework that could adapt to new evidence to set rules for limits
on THC or other components
Develop and implement factual public education strategies to inform Canadians as to risks of
problematic use and lower-risk use guidance
Conduct the necessary economic analysis to establish an approach to tax and price that balances
health protection with the goal of reducing the illicit market
Work with provincial and territorial governments to determine a tax regime that includes
equitable distribution of revenues
Create a flexible system that can adapt tax and price approaches to changes within the
marketplace
Commit to using revenue from cannabis as a source of funding for administration, education,
research and enforcement
Design a tax scheme based on THC potency to discourage purchase of high-potency products
Implement as soon as possible an evidence-informed public education campaign, targeted at
the general population but with an emphasis on youth, parents and vulnerable populations
Co-ordinate messaging with provincial and territorial partners
Adapt educational messages as evidence and understanding of health risks evolve, working with
provincial and territorial partners
Facilitate and monitor ongoing research on cannabis and impairment, considering implications
for occupational health and safety policies
Work with existing federal, provincial and territorial bodies to better understand potential
occupational health and safety issues related to cannabis impairment
Work with provinces, territories, employers and labour representatives to facilitate the
development of workplace impairment policies
The Task Force further recommends that:
In the period leading up to legalization, and thereafter on an ongoing basis, governments invest
effort and resources in developing, implementing and evaluating broad, holistic prevention
strategies to address the underlying risk factors and determinants of problematic cannabis use,
such as mental illness and social marginalization
Governments commit to using revenue from cannabis regulation as a source of funding for
prevention, education and treatment
Establishing a Safe and Responsible Supply Chain
The cannabis supply chain includes production (including cultivation and manufacturing), distribution
and retail. As part of our deliberations, we considered the most appropriate roles for the federal,
provincial, territorial and local governments, given their areas of responsibility, capacity and experience.
We were asked to give consideration to the participation of smaller producers, to the environmental
impact of production, and to the regulation of industrial hemp under a new system. We heard about the
pros and cons of different models for the retail market and about concerns regarding the sale of
cannabis in the same location as alcohol or tobacco. We examined the question of personal cultivation
45
in light of the experience of other jurisdictions, as well as the opinions of experts and the Canadian
public.
To this end, the Task Force recommends that the federal government:
Regulate the production of cannabis and its derivatives (e.g., edibles, concentrates) at the
federal level, drawing on the good production practices of the current cannabis for medical
purposes system
Use licensing and production controls to encourage a diverse, competitive market that also
includes small producers
Implement a seed-to-sale tracking system to prevent diversion and enable product recalls
Promote environmental stewardship by implementing measures such as permitting outdoor
production, with appropriate security measures
Implement a fee structure to recover administrative costs (e.g., licensing)
Regulate CBD and other compounds derived from hemp or from other sources
The Task Force recommends that the wholesale distribution of cannabis be regulated by provinces and
territories and that retail sales be regulated by the provinces and territories in close collaboration with
municipalities. The Task Force further recommends that the retail environment include:
No co-location of alcohol or tobacco and cannabis sales, wherever possible. When co-location
cannot be avoided, appropriate safeguards must be put in place
Limits on the density and location of storefronts, including appropriate distance from schools,
community centres, public parks, etc.
Dedicated storefronts with well-trained, knowledgeable staff
Access via a direct-to-consumer mail-order system
The Task Force recommends allowing personal cultivation of cannabis for non-medical purposes with
the following conditions:
A limit of four plants per residence

A maximum height limit of 100 cm on the plants
A prohibition on dangerous manufacturing processes
Reasonable security measures to prevent theft and youth access
Oversight and approval by local authorities
Enforcing Public Safety and Protection
We believe that the new legal regime must be clear to the public and to law enforcement agencies, with
enforceable rules and corresponding penalties that are proportional to the contravention.
In formulating our recommendations, we considered various ways of dealing with those who break the
law and contravene rules, ranging from administrative to criminal sanctions. We were urged to avoid
criminalizing youth. We looked at questions of personal possession limits and the public consumption of
46
cannabis, and considered whether existing laws or a new law would provide the most appropriate legal
framework for the new system.
We carefully considered the scientific and legal complexities surrounding cannabis-impaired driving,
recognizing the concerns of Canadians about this issue. We learned of the various approaches used to
address cannabis-impaired driving both in Canada and abroad, including the possibility of establishing
a per se limit for THC - that is, a level deemed to be consistent with significant psychomotor impairment
and increased risk of crash involvement. Our recommendations reflect the fact that the current scientific
understanding of cannabis impairment has gaps and that more research and evidence, investments in
law enforcement capacity, technology and tools, and comprehensive public education are needed
urgently.
Implement a set of clear, proportional and enforceable penalties that seek to limit criminal
prosecution for less serious offences. Criminal offences should be maintained for:
o Illicit production, trafficking, possession for the purposes of trafficking, possession for
the purposes of export, and import/export
o Trafficking to youth
Create exclusions for "social sharing"
Implement administrative penalties (with flexibility to enforce more serious penalties) for
contraventions of licensing rules on production, distribution, and sale
Consider creating distinct legislation - a "Cannabis Control Act" - to house all the provisions,
regulations, sanctions and offences relating to cannabis
Implement a limit of 30 grams for the personal possession of non-medical dried cannabis in
public with a corresponding sales limit for dried cannabis
Develop equivalent possession and sales limits for non-dried forms of cannabis
The Task Force recommends that jurisdictions:
Extend the current restrictions on public smoking of tobacco products to the smoking of
cannabis products and to cannabis vaping products
Be able to permit dedicated places to consume cannabis such as cannabis lounges and tasting
rooms, if they wish to do so, with no federal prohibition. Safeguards to prevent the co-
consumption with alcohol, prevent underage use, and protect health and safety should be
implemented
With respect to impaired driving, the Task Force recommends that the federal government:
Invest immediately and work with the provinces and territories to develop a national,
comprehensive public education strategy to send a clear message to Canadians that cannabis
causes impairment and that the best way to avoid driving impaired is to not consume. The
strategy should also inform Canadians of:
47
o the dangers of cannabis-impaired driving, with special emphasis on youth; and
o the applicable laws and the ability of law enforcement to detect cannabis use
Invest in research to better link THC levels with impairment and crash risk to support the
development of a per se limit
Determine whether to establish a per se limit as part of a comprehensive approach to cannabis-
impaired driving, acting on findings of the Drugs and Driving Committee, a committee of the
Canadian Society of Forensic Science, a professional organization of scientists in the various
forensic disciplines
Re-examine per se limits should a reliable correlation between THC levels and impairment be
established
Support the development of an appropriate roadside drug screening device for detecting THC
levels, and invest in these tools
Invest in law enforcement capacity, including Drug Recognition Experts and Standardized Field
Sobriety Test training and staffing
Invest in baseline data collection and ongoing surveillance and evaluation in collaboration with
provinces and territories
The Task Force further recommends that all governments across Canada consider the use of graduated
sanctions ranging from administrative sanctions to criminal prosecution depending on the severity of
the infraction. While it may take time for the necessary research and technology to develop, the Task
Force encourages all governments to implement elements of a comprehensive approach as soon as
feasible, including the possible use of administrative sanctions or graduated licensing with zero
tolerance for new and young drivers.
Medical Access
Canada's medical cannabis regime was created and then shaped over time by the federal government's
response to successive court rulings regarding reasonable access. Today, medical cannabis falls within
the purview of the Access to Cannabis for Medical Purposes Regulations (ACMPR).
In formulating our recommendations, we considered various aspects of access, including affordability,

strains, potency, quality and adequacy of supply. We deliberated on the fundamental question of
whether Canada should have a single system or two parallel systems, including separate access for
medical cannabis. We also considered the strengths and weaknesses of the country's current medical
cannabis system and regulations.
We considered the views and experiences of patients and their advocacy organizations, the medical
community, other jurisdictions and the public. While opinions of stakeholders may differ on some key
questions, there is consensus on the need for more research aimed at understanding, validating and
approving cannabis-based medicines.
In our view, the outcomes of such research will be necessary to determine the need for and features of
a separate system for cannabis for medical purposes. However, as the new regulatory regime is
established, it is important that the federal government continue to provide patients with reasonable
48
access to cannabis for medical purposes, while contributing to the integrity of the overall cannabis
regime and minimizing the potential for abuse and diversion.
Maintain a separate medical access framework to support patients

Monitor and evaluate patients' reasonable access to cannabis for medical purposes through the
implementation of the new system, with action as required to ensure that the market provides
reasonable affordability and availability and that regulations provide authority for measures that
may be needed to address access issues
Review the role of designated persons under the ACMPR with the objective of eliminating this
category of producer
Apply the same tax system for medical and non-medical cannabis products
Promote and support pre-clinical and clinical research on the use of cannabis and cannabinoids
for medical purposes, with the aim of facilitating submissions of cannabis-based products for
market authorization as drugs
Support the development and dissemination of information and tools for the medical
community and patients on the appropriate use of cannabis for medical purposes
Evaluate the medical access framework in five years
Implementation
The successful implementation of a regulatory framework for cannabis will take time and require that
governments meet a number of challenges with respect to capacity and infrastructure, oversight, co-
ordination and communications.
Capacity: Canada's governments will need to move swiftly to increase or create capacity in many areas
relating to the production and sale of cannabis. Success requires federal leadership, co-ordination and
investment in research and surveillance, laboratory testing, licensing and regulatory inspection, training
for law enforcement and others, and the development of tools to increase capacity ahead of regulation.
Oversight: To be satisfied that the system is minimizing harms as intended, it will need close monitoring
and rapid reporting of results in a number of areas, including regulatory compliance and population
health.
Co-ordination: The federal, provincial, territorial, municipal and Indigenous governments will need to
work together on information and data sharing and co-ordination of efforts to set up and monitor all of
the components of the new system. The Task Force believes that Canada should prioritize engagement
of Indigenous governments and representative organizations, as we heard from Indigenous leaders
about their interest in their communities' participation in the cannabis market.
Communications: We heard from other jurisdictions about the importance of communicating early,
consistently and often with the general public. Youth and parents will need the facts about cannabis and
49
its effects. Actors in the new system - including employers, educators, law enforcement, industry,
health-care practitioners and others - will require information tailored to their specific roles.
Take a leadership role to ensure that capacity is developed among all levels of government prior
to the start of the regulatory regime
Build capacity in key areas, including laboratory testing, licensing and inspection, and training
Build upon existing and new organizations to develop and co-ordinate national research and
surveillance activities
Provide funding for research, surveillance and monitoring activities
Establish a surveillance and monitoring system, including baseline data, for the new system
Ensure timely evaluation and reporting of results
Mandate a program evaluation every five years to determine whether the system is meeting its
objectives
Report on the progress of the system to Canadians
Take a leadership role in the co-ordination of governments and other stakeholders to ensure the
successful implementation of the new system
Engage with Indigenous governments and representative organizations to explore opportunities
for their participation in the cannabis market
Provide Canadians with the information they need to understand the regulated system
Provide Canadians with facts about cannabis and its effects
Provide specific information and guidance to the different groups involved in the regulated
cannabis market
Engage with Indigenous communities and Elders to develop targeted and culturally appropriate
communications
Ensure that Canada shares its lessons and experience with the international community
These recommendations, taken together, present a new system of regulatory safeguards for legal access
to cannabis that aim to better protect health and to enhance public safety. Their successful
implementation requires the engagement and collaboration of a wide range of stakeholders. We believe
that Canada is well-positioned to undertake the complex task of legalizing and regulating cannabis
carefully and safely.
50
Annex 2 Roles and Responsibilities
The proposed Cannabis Act would create a strict national framework for controlling the production,
distribution, sale and possession of cannabis in Canada. All levels of government in Canada would be
able to establish certain requirements with respect to cannabis, consistent with their jurisdictional
authorities and experience, which aligns with the advice of the Task Force on Cannabis Legalization and
Regulation.
Under the proposed Cannabis Act, the federal government would be responsible for establishing and
maintaining a comprehensive and consistent national framework for regulating production, setting
standards for health and safety, and establishing criminal prohibitions. More specifically, the federal
government would be responsible for the following:
Establishing restrictions on adult access to cannabis, including purchasing through an

appropriate framework, sourcing from a well-regulated industry, or cultivating safely in limited
amounts at home;
Establishing serious criminal penalties for those operating outside the legal system, especially
those who provide cannabis to youth;
Creating rules to limit how cannabis or cannabis accessories can be promoted, packaged,
labelled and displayed, to protect youth;
Instituting a federal licensing regime for cannabis production that will set and enforce health
and safety requirements and protect against the involvement of organized crime in the legal
industry;
Establishing industry-wide rules on the types of products that will be allowed for sale,
standardized serving sizes and potency, the use of certain ingredients and good production
practices, as well as the tracking of cannabis from seed to sale to prevent diversion to the illegal
market;
Creating minimum federal conditions that provincial and territorial legislation for distribution
and retail sale would be required to meet, to ensure a reasonably consistent national framework
to promote safety (e.g., adequate measures would need to be in place to prevent diversion,
cannabis could not be sold to youth, and only legally produced cannabis could be sold);
Establishing the ability for the federal government to license distribution and sale in any
province or territory that does not enact such legislation; and
Enforcing the law at the border, while maintaining the free flow of legitimate travel and trade.
The provinces and territories would license and oversee the distribution and sale of cannabis, subject to
minimum federal conditions. Provinces and territories, together with municipalities, could also tailor
certain rules in their own jurisdictions, and enforce them through a range of tools such as tickets. These
rules may include:
51
Licensing the distribution and retail sale in their respective jurisdictions, and carrying out
associated compliance and enforcement activities;
Setting additional regulatory requirements to address issues of local concern. For example,
provinces and territories could set a higher minimum age or more restrictive limits on
possession or personal cultivation, including lowering the number of plants or restricting where
it may be cultivated;
Establishing provincial zoning rules for cannabis-based businesses;
Restricting where cannabis may be consumed; and
Amending provincial traffic safety laws to address driving while impaired by cannabis (e.g.,
providing for 24-hour licence suspensions for adults or zero tolerance for young drivers).
Active involvement of provincial and territorial governments will be critical in helping to ensure that
young people do not have access to cannabis and that those who sell outside the legal framework face
stiff criminal penalties.
In Budget 2017, the federal government committed $9.6 million over five years to a comprehensive
public education and awareness campaign and surveillance activities. As health is a shared responsibility
between the federal and provincial and territorial governments, provinces and territories complement
federal public health programming, including management of public health and safety issues, and
school-based education and counselling.
The Government of Canada is committed to ongoing collaboration with the provinces and territories as
it delivers on the commitment to legalize, strictly regulate and restrict access to cannabis. In addition to
working with provinces and territories to establish a secure supply chain, the Government of Canada will
work with provinces and territories to raise public awareness and educate Canadians about the risks
associated with cannabis use, and to monitor the impacts of providing strictly controlled access to
cannabis.
52
Annex 3 Health Effects of Cannabis
There are both potential therapeutic uses for and potential health risks of using cannabis (marijuana). A
chemical called delta-9-tetrahydrocannabinol (THC) is responsible for the way your brain and body
respond to cannabis. While it is used by some for therapeutic purposes, there are short- and long-term
physical and mental health effects that can be harmful.
Short-term health effects
While cannabis may make you feel relaxed and happy, you could experience unpleasant, unwanted or
negative effects on your brain and body.
Effects on the brain

The short-term effects of cannabis on the brain can include:
confusion
sleepiness (fatigue)
impaired ability to:
o remember
o concentrate
o pay attention
anxiety, fear or panic
reduced ability to react quickly
Cannabis use can also result in psychotic episodes characterized by:
paranoia
delusions
hallucinations
Emerging evidence suggests that a chemical in cannabis called cannabidiol (CBD) may help dampen
some of the psychoactive effects of THC such as:
disturbances in mood
psychotic symptoms
There is also evidence to suggest that combining tobacco with cannabis can increase:
the strength of some psychoactive effects

the risk of poor mental health outcomes, including dependence
Effects can be felt within seconds to minutes of smoking, vaporizing or dabbing cannabis. These effects
can last up to 6 hours or longer.
If you eat or drink cannabis, these effects can occur within 30 minutes to 2 hours and can last up to
12 hours or longer.
53
Effects on the body
The short-term effects of cannabis on the body can include:
damaged blood vessels caused by the smoke

decreased blood pressure, which can cause people to faint or pass out
increased heart rate, which can be dangerous for people with heart conditions and can lead to
an increased risk of heart attack
Impairment
The THC in cannabis can impair your ability to drive safely and operate equipment. It can also increase
the risk of falls and other accidents. This is because THC can affect your:
coordination
reaction time
ability to pay attention
decision-making abilities
ability to judge distances
Cannabis use can increase the risk of accidents that lead to injury or death during higher-speed
activities, such as driving, biking or skiing.
Impairment can last for more than 24 hours after cannabis use, well after other effects may have faded.
People who use cannabis regularly may have trouble with certain skills needed to drive safely for weeks
after their last use.
Combining alcohol with cannabis greatly increases the level of impairment and the risk of injury or death
from accidents.
Combining cannabis with other psychoactive substances, especially ones that have sedative effects, such
as opioids and benzodiazepines, can increase the effects of the drugs. This could increase the risk of
injury or harm, particularly with activities like driving.
Long-term health effects
Long-term effects develop gradually over time with frequent use (daily or near-daily) that continues
over weeks, months or years. These effects can last from several days to months or longer after you stop
using cannabis.
Effects on the brain

The long-term effects of cannabis on the brain can include an increased risk of addiction and harm to
your:
memory
concentration
intelligence (IQ)
54
ability to think and make decisions
These effects appear to be worse for youth who start using early, and who use cannabis frequently and
over a long period of time. They may not be fully reversible when cannabis use stops.
Effects on the body

Some of the long-term effects of smoking cannabis on the body are similar to the effects of smoking
tobacco and can include risks to lung health, including:
bronchitis
lung infections
chronic (long-term) cough
increased mucus buildup in the throat
Potential therapeutic uses
There is some evidence of potential therapeutic uses of cannabis or its component chemicals
(cannabinoids).
Health Canada provides information for health care professionals and for authorized patients on the use
of cannabis and cannabinoids for medical purposes. This includes information on dosing, adverse
effects, warnings and more.
Risks of illegal cannabis
There may be other health and safety risks associated with cannabis obtained illegally. For example, the
THC potency of illegal cannabis is often unknown, so you could end up using a stronger product than
expected. This could heighten or prolong effects such as confusion or anxiety.
The quality and purity of illegal cannabis cannot be guaranteed and is frequently mixed with or contains:
pesticides
other drugs
heavy metals
moulds or fungi
other contaminants
There is also the serious risk of:
interacting with criminals or criminal organizations

criminal charge and prosecution
Mental health effects
In some people, cannabis use increases the risk of developing mental illnesses like psychosis or
schizophrenia, especially in those who:
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start using cannabis at a young age
use cannabis frequently (daily or almost every day)
have a personal or family history of psychosis and/or schizophrenia
Frequent cannabis use has also been associated with an increased risk of:
suicide
depression
anxiety disorders
Health effects on youth
Cannabis use that begins early in adolescence, that is frequent and that continues over time has been
associated with increased risk of harms. Some of those harms may not be fully reversible.
Adolescence is a critical time for brain development, as research shows the brain is not fully developed
until around age 25.
Youth are especially vulnerable to the effects of cannabis on brain development and function. This is
because THC in cannabis affects the same biological system in the brain that directs brain development.
It is important for parents, teachers, coaches and other trusted adults to be ready to talk with youth
about drugs.
Health effects on pregnancy and children
Just like with tobacco, a pregnant woman or new mother's use of cannabis can affect her fetus or
newborn child, which can lead to health problems.
The toxins in cannabis are carried through the mother's blood to her fetus during pregnancy and in the
breast milk following birth.
Heavy cannabis use during pregnancy can lead to lower birth weight of the baby. It has also been
associated with longer-term developmental effects in children and adolescents, such as:
decreases in:
o memory function
o the ability to pay attention
o reasoning and problem-solving skills
hyperactive behaviour
increased risk for future substance use
Addiction
Contrary to popular belief, people can become addicted to cannabis. Individuals who use cannabis can
develop a cannabis use disorder, which at its extreme can result in addiction.
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Continued, frequent and heavy cannabis use can cause physical dependency and addiction.
Research has shown that THC in cannabis causes an increase in levels of dopamine, the pleasure
chemical, in the brain. This motivates people to keep using it.
Addiction can develop at any age but youth are especially vulnerable as their brains are still developing.
Some people are also more prone to becoming addicted than others. It's estimated that 1 in 11 (9%)
cannabis users will develop an addiction to it. This statistic rises to about 1 in 6 (17%) for people who
started using cannabis as a teenager. If a person smokes cannabis daily, the risk of addiction is 25% to
50%.
Problematic cannabis use can include some or all of the following behaviours:
failing to fulfill major duties at work, school or home

giving up important social, occupational or recreational activities because of cannabis use
consuming it often and in larger amounts or over a longer period than they intended
being unable to cut down on or control cannabis use
People who display most or all of these behaviours over a 12-month period may have cannabis
addiction.
Some people can develop a tolerance to the effects of cannabis. Tolerance is characterized by a need for
a larger dose of a drug to maintain the original effects. Tolerance to some of the effects of cannabis can
develop after a few doses. In some people, tolerance can eventually lead to physical dependence and/or
addiction.
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Cannabis Legalization and
Regulation in British Columbia
Discussion Paper
DISCUSSION PAPER Cannabis Legalization and Regulation in BC
Introduction
In 2015, the federal government committed to legalizing non-medical cannabis in Canada. On June 30,
2016, it established the Task Force on Cannabis Legalization and Regulation (the Task Force) to consult
and advise on the design of a new legislative and regulatory framework. The Task Force report was
released on December 13, 2016, and provides a comprehensive set of recommendations for
governments to consider.
On April 13, 2017, the federal government introduced Bill C-45, the Cannabis Act and Bill C-46 (the Act
to amend the Criminal Code), in the House of Commons. The Bills are currently making their way
through the parliamentary process. Bill C-46 amends the Criminal Code to simplify and strengthen its
approach to alcohol and drug impaired driving, and the federal government plans to move quickly to
bring the amendments into force once the Bill receives Royal Assent.
The federal government plans to bring Bill C-45 into force in July 2018; this will make non-medical
cannabis legal in Canada as of that date. Bill C-45 is largely based on the recommendations of the Task
Force. It seeks to balance the objectives of providing access to a regulated supply of cannabis,
implementing restrictions to minimize the harms associated with cannabis use, and reducing the scope
and scale of the illegal market and its associated social harms.
The federal governments decision to legalize cannabis creates a corresponding need for provincial and
territorial governments to regulate it. While the federal government intends to assume responsibility for
licensing cannabis producers and regulating production and product standards, provinces and territories
will be responsible for many of the decisions about how non-medical cannabis is regulated in their
jurisdictions. These include, but are not limited to: distribution and retail systems; compliance and
enforcement regimes; age limits; restrictions on possession, public consumption and personal
cultivation; and amendments to road safety laws.
As it considers these important decisions, the BC Government wants to hear from local governments,
Indigenous governments and organizations, individual British Columbians, and the broad range of other
stakeholders that will be affected by cannabis legalization.
This discussion paper has been prepared to help inform this public and stakeholder engagement. It
addresses a number of key policy issues for BC, including minimum age, public possession and
consumption, drug-impaired driving, personal cultivation, and distribution and retail. It draws heavily
from the analysis of the Task Force, and identifies policy options to consider in developing a BC
regulatory regime for non-medical cannabis.
Note that this paper does not address regulation of medical cannabis. For now, the federal government
has decided to maintain a separate system for medical cannabis. The Province has a more limited role in
the medical cannabis system, and the policy issues and policy choices available are very different, in part
because of a history of court cases related to the Canadian Charter of Rights and Freedoms.
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September 2017
Minimum Age
While Bill C-45 establishes a minimum age of 18 years to buy, grow, and publicly possess up to 30 grams
of non-medical cannabis, provinces and territories can choose to establish a higher minimum age in
their jurisdictions. This is consistent with the Task Force recommendations.
BC could accept the federal minimum age of 18. However, the minimum age to buy tobacco and
alcohol in BC is 19. 19 is also the BC age of majority, when minors become legal adults. In
addition, since significant numbers of high school students turn 18 before they graduate, a
minimum age of 18 could increase the availability of cannabis to younger teens.
BC could set the minimum age at 19. This would be consistent with the minimum ages for
tobacco and alcohol, and with the BC age of majority.
BC could set the minimum age at 21 or higher. Emerging evidence suggests that cannabis use
could affect brain development up to age 25. As a result, many health professionals favour a
minimum age of 21.
However, as the Task Force recognized, setting the minimum age too high could have
unintended consequences. Currently, persons under 25 are the segment of the population most
likely to use cannabis. The greater the number of young users who cannot buy legal cannabis,
the more likely that there will continue to be a robust illegal market where they can continue to
buy untested and unregulated cannabis.
Finally, its important to note that a legal minimum age is not the only tool to discourage cannabis use
by young persons. As an example, public education campaigns that provide information about how
cannabis use can limit academic performance and future opportunities have been found to be effective.
Personal Possession - Adults

Bill C-45 establishes a 30 gram limit on public possession of dried cannabis. Practically, this means that
this is the maximum amount that an adult could buy and take home at any one time (for context, one
joint typically contains between .33g to 1g of cannabis). The legislation also sets possession limits for
other forms of cannabis (e.g. oils, solids containing cannabis, seeds) and the federal government intends
to add other types of cannabis products (e.g. edibles) by regulation at a later date.
The 30 gram limit is consistent with the Task Force recommendation and with public possession limits in
other jurisdictions that have legalized non-medical cannabis. The reason for public possession limits is
that possession of large amounts of cannabis can be an indicator of intent to traffic, so a public
possession limit can help law enforcement to distinguish between legal possession for personal use, and
illegal possession for the purpose of trafficking.
Provinces and territories cannot increase the public possession limit, but they can set a lower limit.
However, a consistent possession limit across the provinces and territories would be easier for the
public to understand and comply with.
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September 2017
Personal Possession Youths

While persons under 18 will not be able to buy or grow cannabis under Bill C-45, they are not prohibited
from possessing up to 5 grams of dried cannabis or equivalent amounts for other cannabis products.
This is consistent with the Task Force report, which took the position that youth should not be
criminalized for possession of relatively small amounts of cannabis. However, provinces and territories
can establish laws that prohibit possession by persons under an established provincial minimum age.
Such a provincial law would not result in a criminal conviction and would be similar to how BC deals with
alcohol persons under 19 are prohibited from possessing alcohol, and a law enforcement officer can
confiscate it and has the option of issuing a ticket.
Public consumption
Bill C-45 will amend the federal Non-smokers Health Act to prohibit cannabis smoking and vaping in
certain federally-regulated places (e.g. planes, trains), but regulation of public consumption of cannabis
will otherwise fall within provincial and territorial jurisdiction.
BC can restrict where non-medical cannabis can be consumed, and can place different restrictions on
different types of consumption (e.g. smoked, eaten). If BC does not legislate restrictions on public
consumption by the time Bill C-45 comes into force, it will be legal to smoke, vape, and otherwise
consume cannabis in public, including in places where tobacco smoking and vaping are forbidden.
For the purpose of considering potential restrictions on public consumption, it may be helpful to
consider cannabis smoking and vaping separately from other forms of consumption.
Cannabis Smoking and Vaping

The Task Force recommended that current restrictions on public tobacco smoking be extended to
cannabis. In BC, both tobacco smoking and vaping are currently prohibited in areas such as
workplaces, enclosed public spaces, on health authority and school board property, and in other
prescribed places such as transit shelters, and common areas of apartment buildings and community
care facilities.
BC has a number of options to consider:
BC could extend existing restrictions on tobacco smoking and vaping to cannabis smoking and
vaping under provincial law, adults would then be allowed to smoke or vape cannabis
anywhere they can smoke or vape tobacco. Depending on the regulatory scheme established by
the Province, local governments may also be able to establish additional restrictions, such as
prohibiting cannabis smoking and vaping in public parks.
BC could prohibit public cannabis smoking altogether, but allow cannabis vaping wherever
tobacco smoking and vaping are allowed. Compared to smoking, vaped cannabis has a reduced
odour and is less likely to be a nuisance to passersby. In addition, banning public cannabis
smoking could help avoid normalizing cannabis use.
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September 2017
BC could also prohibit public cannabis smoking and vaping altogether and establish a licensing
scheme to allow designated consumption areas, e.g. cannabis lounges. However, it is unlikely
that such a licensing scheme could be implemented in time for legalization.
Other forms of consumption:

While edible, drinkable, and topical forms of cannabis will not be commercially available immediately
upon legalization, the federal government intends to regulate the production and manufacturing of
these products for sale at some point. In addition, adults will be allowed to make their own edible
and other products at home.
Public consumption of non-inhaled forms of cannabis would be very difficult to detect and enforce.
While BC could legislate restrictions on public consumption of these forms of cannabis, it may be
more practical to rely on public intoxication and disorderly conduct laws to manage intoxication
issues related to public consumption.
Drug-impaired Driving
With 17% of British Columbians reporting cannabis use within the previous year 1, we know that its very
likely that a number of British Columbians are already driving with cannabis in their system, whether
they are impaired or not. In 2016, drugs (cannabis or otherwise) were a contributing factor in fewer than
8% of BC road fatalities; however, legalization raises legitimate concerns about the potential for
cannabis-impaired driving to increase, and make our roads less safe.
Drug-impaired driving is already prohibited under the Criminal Code, but Bill C-46 would overhaul
existing impaired driving provisions and specifically address cannabis impairment. The amendments will
provide authority for the federal government to set a blood tetrahydrocannabinol (THC) limit beyond
which a person can be criminally charged with cannabis-impaired driving. This is similar to the blood
alcohol limits in place for alcohol-impaired driving.
The proposed federal criminal penalties for drug-impaired driving range from a minimum of a $1,000
fine to up to a maximum of 10 years in jail.
In BC, police who stop an alcohol-impaired driver can charge the driver criminally, but they also have the
option of issuing an Immediate Roadside Prohibition (IRP) or an Administrative Driving Prohibition (ADP)
under the BC Motor Vehicle Act. Sanctions can include licence prohibitions, monetary penalties, vehicle
impoundment, and license reinstatement fees. These programs have been very effective in reducing the
number of road fatalities on BC roads.
While the IRP and ADP schemes do not currently apply to drug-impaired driving, police officers in BC do
have the option to issue a 24-hour roadside prohibition to a suspected drug-affected driver, with or
without a criminal charge.
1
Canadian Tobacco, Alcohol and Drugs Survey, 2015
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September 2017
One key challenge is that unlike with blood alcohol, there is not enough scientific evidence to link a
particular blood THC level with impairment. In fact, it is known that THC can remain in the blood after
any impairment has resolved, particularly for frequent users. An IRP or ADP-type scheme would
therefore have to rely on other ways to assess impairment, such as a Standard Field Sobriety Test (SFST)
conducted by a trained police officer, or evaluation by a Drug Recognition Expert (DRE). The approval of
oral fluid screening devices and/or the setting of per se limits by the federal government could also
influence the introduction of an administrative regime for drug-impaired driving.
BC could consider one or more of the following to address the risk that cannabis legalization could lead
to increased impaired driving:
BC could launch a public education and awareness campaign to inform British Columbians about
the risks and potential consequences of cannabis-impaired driving.
BC could set a zero-tolerance standard in respect of blood THC content for drivers in the
Graduated Licensing Program (drivers with an L or N designation) and/or for drivers under a
specific age threshold.
BC could invest in SFST and DRE training for more police officers.
BC could expand the IRP and/or ADP programs to include drug-impaired driving.
Personal Cultivation
Bill C-45 allows adults to grow up to 4 cannabis plants per household, up to a maximum plant height of
100 centimetres. Bill C-45 does not place restrictions on where plants can be located (indoor vs.
outdoor) and does not require home growers to put any security measures in place, but it is open to
provinces and territories to establish such restrictions.
In considering personal cultivation, the Task Force acknowledged concerns about risks such as mould,
fire hazards associated with improper electrical installation, use of pesticides, and risk of break-in and
theft. However, it noted that these concerns were largely shaped by experience with large scale illegal
grow operations, and found that on balance, allowing small-scale home cultivation of up to four plants
was reasonable.
The Task Force recognized the need for security measures to prevent theft and youth access, and for
guidelines to ensure that cannabis plants are not accessible to children. The Task Force also suggested
that local authorities should establish oversight and approval frameworks, such as a requirement that
individuals be required to notify local authorities if they are undertaking personal cultivation.
In thinking about possible restrictions on personal cannabis cultivation, it may be helpful to keep in mind
that it is legal in Canada to grow tobacco and to produce wine or beer at home for personal use with
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September 2017
very few restrictions. In particular, the law does not require specific security measures to prevent theft,
or access by children and youth. 2
BC has several options to consider regarding restrictions on home cultivation of non-medical cannabis:
BC could adopt a lower limit than 4 plants per household for non-medical cannabis cultivation.
BC could set restrictions regarding where and how non-medical cannabis can be grown at home.
For example, it could: prohibit outdoor cultivation; allow outdoor cultivation but require that
plants not be visible from outside the property; and/or require that any outdoor plants be
secured against theft.
BC could establish a registration requirement for persons who want to grow non-medical
cannabis at home. However, there would be significant costs associated with administering a
registration requirement, and the benefits may be questionable, since those who do not plan to
comply with laws on home cultivation may be unlikely to register in the first place.
If BC decides not to implement one or more of the above measures, local governments could be
authorized to do so.
Distribution Model
Under Bill C-45, each province or territory will decide how cannabis will be distributed in its jurisdiction.
Distribution is the process by which goods are supplied to retailers that sell to consumers. Distributors
are often called wholesalers.
There are three basic models for the warehousing and distribution of cannabis to retailers in BC:
government, private, or direct.
Government distribution In this model, government would be responsible for warehousing

and distribution of cannabis. Licensed producers would send cannabis products to a government
distributor, which would then fill orders from cannabis retailers. Government distribution allows
for direct control over the movement of cannabis products, but requires significant up-front
investment and set-up. The Task Force heard strong support for government distribution, noting
that it has proven effective with alcohol.
Private distribution In this model, one or more private businesses could be responsible for the
physical warehousing and distribution of cannabis. However, significant government oversight
would be required in the form of licensing, tracking and reporting requirements, as well as
regular audits and inspections.
Direct distribution In this model, the province would authorize federally licensed producers to
distribute their own products directly to retailers. This model would also require significant
2
Parents have a general legal duty to supervise and keep their children safe, but the law does not create specific
requirements to protect children from all of the potential dangers that may be present in a home (e.g., alcohol,
prescription drugs, and poisons).
Page 7 of 8
September 2017
government oversight and could make it challenging for smaller producers to get their products
to market.
Retail
Under Bill C-45, each province or territory will decide the retail model for cannabis in its jurisdiction.
Recognizing that the July 2018 timeline may not give provinces or territories enough time to establish
their retail regimes before legalization, the federal government will implement an online retail system as
an interim solution.
BC has a number of options for retail:
BC could establish a public or private retail system, or potentially a mix of both, as currently
exists for alcohol. A public system would require significant up-front investment in retail
infrastructure, but there could also be additional revenue generated from retail sales. A private
system would require a more robust licensing, compliance and enforcement system, but the
associated costs could be recovered through licensing fees.
In a private retail system, it could be possible to allow some existing illegal dispensaries to
transition into the legal system; in a public system such as that planned in Ontario, this would
not be possible.
BC could require that cannabis be sold in dedicated storefronts, or it could allow cannabis to be
sold out of existing businesses such as liquor stores or pharmacies.
One public health concern about co-locating cannabis with other products is that it could expose
significant numbers of people to cannabis products who might not otherwise seek them out;
this could contribute to normalization or more widespread use. In addition, the Task Force
strongly recommended against allowing co-location of alcohol or tobacco sales with cannabis,
but recognized that separating them could be a challenge in remote communities where a
dedicated cannabis storefront might not be viable.
BC could establish a direct-to-consumer mail-order system. This could help provide access to
legal cannabis for those in rural and remote locations and persons with mobility challenges.
Conclusion
Cannabis legalization presents complex policy challenges for the Province. We expect that, as in other
jurisdictions that have legalized, it will take several years to develop, establish, and refine an effective
non-medical cannabis regime that over time eliminates the illegal market. The information gathered
through this engagement will inform the Provinces policy decisions. We appreciate your interest and
feedback.
Page 8 of 8
September 2017

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THE CORPORATION OF THE CITY OF NELSON

REQUEST FOR DECISION

In conjunction with the moratorium, staff are requesting approval of a public

The proposed Cannabis Act seeks to achieve the following objectives:

restrict youth access to cannabis;

Governmental role in legalization of recreational cannabis

Active involvement of provincial and territorial governments will be critical in helping to

Zoning and Other Bylaw Amendments

Public Engagement Strategy

and also the goals of the City of Nelson,

a. Public Engagement Strategy Goals

b. Key Stakeholder Groups

c. Public Engagement Techniques

ii. Feedback Form

It is proposed that the distribution of the feedback form be undertaken by a variety of

iv. Updates via newspaper

v. Open Houses/Facilitated Stakeholder Meetings

vi. Written Submissions from Key Stakeholders

BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS:

LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:

COSTS AND BUDGET IMPACT - REVENUE GENERATION:

IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

OPTIONS AND ALTERNATIVES:

THAT Council implement a moratorium on additional cannabis outlets until both

That Council passes the following resolutions:

THAT Council approves the public engagement strategy.

AUTHOR: REVIEWED BY:

Legalization of Recreational Cannabis Whos Responsible for What?

- Regulations for cannabis businesses within City limits

DRAFT FEEBDBACK FORM December 4, 2017 Page 1

1 block apart 2 blocks apart

[INSERT CITY MAP]

DRAFT FEEBDBACK FORM December 4, 2017 Page 2

The same operating hours as medical cannabis is currently open

In their front or back yard In a public park

DRAFT FEEBDBACK FORM December 4, 2017 Page 3

Strongly support Somewhat support

Q14: Which area do you live in?

Downtown Nelson (north of Victoria Street) Uphill (south of Victoria Street)

Q15: Which of the following age groups do you fall into?

DRAFT FEEBDBACK FORM December 4, 2017 Page 4

You are asked to:

exercise due diligence in ensuring the accuracy of the materials

indicate that the reproduction is a copy of an official work that is published by

Commercial reproduction and distribution is prohibited except with written permission

Her Majesty the Queen in Right of Canada,

Bill Overview ................................................................................................................................................. 6

Detailed Bill Guide....................................................................................................................................... 12

Coming into Force of the Proposed Cannabis Act ...................................................................................... 34

Access to Cannabis for Medical Purposes................................................................................................... 36

Charter Statement ...................................................................................................................................... 37

Annex 1 Task Force Report: Executive Summary ..................................................................................... 43

Annex 2 - Roles and Responsibilities........................................................................................................... 51

Annex 3 Health Effects of Cannabis ......................................................................................................... 53

The proposed Cannabis Act seeks to achieve the following objectives:

restrict youth access to cannabis;

General criminal prohibitions would be established for:

Controlling promotion, packaging, labelling and display

A legal, well-regulated cannabis supply

Regulation-making and other Acts

Structure how the proposed Cannabis Act is laid out

To accomplish this, the proposed Cannabis Act would be structured as follows:

criminal activities by individuals relating to the possession, distribution, sale, production,