Marijuana will officially be legal in Canada on October 17, Prime Minister Justin Trudeau announced in a speech before the House of Commons on Wednesday.
In Question Period, PM Trudeau announces that cannabis will be legal in Canada as of October 17, 2018; cites requests from provinces for more time to implement. #QP #cannabis #C45 #cdnpoli pic.twitter.com/K61NUDCLXT
— CPAC (@CPAC_TV) June 20, 2018
His minister of health also tweeted the news.
Cannabis will be legal in Canada beginning on October 17, 2018.
I’m so proud of the Cannabis Act – this historic legislation will end prohibition and replace it with a sensible, responsible and equitable cannabis policy.
— Ginette Petitpas Taylor (@GPTaylorMRD) June 20, 2018
The announcement comes one day after the Senate passed the government’s legalization bill, C-45, in a 52-29 vote, with two abstentions. After about a year of studies and debate over the legislation, the Senate ultimately accepted the amended bill, which was previously approved by the House of Commons, 205-82, on Monday.
The passage represents the fulfillment of a major campaign promise from the Liberal prime minister. Trudeau has argued that the establishment of a regulated cannabis system would prevent underaged youth from accessing marijuana and also deprive criminal organizations of profits from black market sales.
It’s been too easy for our kids to get marijuana – and for criminals to reap the profits. Today, we change that. Our plan to legalize & regulate marijuana just passed the Senate. #PromiseKept
— Justin Trudeau (@JustinTrudeau) June 20, 2018
Trudeau held a press conference on Wednesday afternoon to discuss the legalization bill and other pieces of legislation.
The prime minister confirmed the October 17 date to establish the country’s recreational marijuana system, citing the need to provide provinces with sufficient time to develop their own regulatory programs. He also fielded questions about the implications of the home grow provision, the prospect of pardoning former marijuana offenders, and the supply side of the country’s legal marijuana industry.
NEW: Canadian PM Justin Trudeau announced that marijuana will be legal nationwide on October 17. “We will soon have a new system in place, one that keeps cannabis out of the hands of our kids, and keeps profits away from organized crime.” https://t.co/PuL9LzkZPe pic.twitter.com/sxpTOPuoX1
— ABC News (@ABC) June 20, 2018
“I want to remind everyone that the reason we are moving forward on the legalization of marijuana is to better protect our kids, to better protect our communities and to remove the profits from the pockets of organized crime. Obviously the current approach—the current prohibition on marijuana—has not worked to protect our kids, to keep the money out of the pockets of organized crime—and that’s why we’re bringing in a new legalized framework around marijuana.”
Asked whether he expected “chaos” or an orderly rollout of the program on October 17, Trudeau said he was confident that “[i]t will be a smooth success.”
Justice Minister Jody Wilson-Raybould cautioned Canadians to refrain from indulging in cannabis use until the law is officially implemented at a press conference on Wednesday, The Times Colonist reported.
“I urge all Canadians to continue to follow the existing law until the Cannabis Act comes into force.”
There is one final step before the marijuana legalization bill is officially sanctioned: Royal Assent. Governor General Julie Payette, a representative of the Canadian monarch, Queen Elizabeth II, must also sign off on the legislation. Victoria Deng, communication advisor for Liberal Sen. George Furey, told Marijuana Moment that the Royal Assent ceremony will take place on Thursday at 9:30am ET.
Details on Royal Assent pic.twitter.com/cVQNRaZFTS
— Chloé Fedio (@cfedio) June 20, 2018
There have been calls from legalization advocates and certain lawmakers to follow up on the cannabis reform bill with legislation that grants amnesty for Canadians previously convicted of marijuana offenses. But those conversations are on hold, pending the implementation of the recreational marijuana system, Liberal MP Bill Blair, the government’s point person on cannabis legalization, said.
Wilson-Raybould says she has had 'conversations' with Public Safety Minister Ralph Goodale about amnesty for past marijuana crimes. Says he may have something to say about that down the road. Blair stresses no in-depth discussions can take place until past pot laws repealed.
— CBC News Alerts (@CBCAlerts) June 20, 2018
New Democratic Party (NDP) MP Don Davies attempted to get unanimous consent for a measure to “immediately provide pardons for those burdened by criminal records for cannabis offenses that will soon be legal” on Wednesday, Globe and Mail reporter Laura Stone tweeted.
NDP MP @DonDavies tried to get unanimous consent after QP for a motion to “immediately provide pardons for those burdened by criminal records for cannabis offences that will soon be legal.”
The motion did not receive unanimous consent, and failed.
— Laura Stone (@l_stone) June 20, 2018
“The motion did not receive unanimous consent, and failed,” she said.
At Wednesday’s press conference, Trudeau said that the government would look at the possibility of amnesty after the new law takes effect but that “[t]here’s no point in looking at pardons while the old law is on the books.”
— CTV News (@CTVNews) June 20, 2018
How we arrived at this historic moment.
It’s been a long, winding road to legalization in Canada, which is set to become the first G7 nation to fully legalize marijuana. The first reading of the bill in the House of Common took place more than a year ago, in April 2017. It’s since gone through rigorous debate, with multiple committees submitting reports that offered recommendations and outlined concerns about the legislation.
One of those issues concerned international travel for Canadians who use cannabis. Conservative lawmakers said that Canadians who admitted to consuming marijuana would be at risk of being permanently barred from entering the United States, where marijuana is federally illegal. The Canadian government issued guidelines emphasizing that traveling across international borders with cannabis will remain illegal under the new law.
— travel.gc.ca (@TravelGoC) June 20, 2018
More recently, the Senate proposed 46 amendments to the bill—including one that would allow individual provinces to ban home cultivation. The House rejected that proposal and 12 other amendments, sending it back to the Senate for a final, decisive vote. Numerous Conservative senators voiced opposition to the bill—and Conservative Sen. Claude Carignan offered up an amendment to include the home grow provision only to be shut down in a 35-45 vote, with one abstention.
And with that, the bill came to a standing vote on Tuesday. Here’s what it would accomplish.
The Cannabis Act legalizes the possession, use, cultivation and sale of marijuana for adults 18 and older. Individuals will be allowed to possess up to 30 grams of cannabis and grow up to four plants.
The bill also outlines criminal penalties for illegal distribution and sales of cannabis, crossing international borders with cannabis and possession over the legal limit.
Photo courtesy of Christopher Policarpio.
American Medical Association Asks Mississippi Voters To Reject Medical Marijuana Ballot Initiative
A medical marijuana legalization initiative that will appear on Mississippi’s November ballot is being targeted by two medical associations that are pushing voters to reject the policy change.
With weeks left until the vote, the Mississippi State Medical Association (MSMA) and American Medical Association (AMA) are circulating a sample ballot that instructs voters on how to reject the activist-led measure. For supporters and opponents alike, the way the ballot is structured can be confusing—a product of the legislature approving an alternative that appears alongside Initiative 65.
“The purpose is to defeat Initiative 65. Initiative 65A will allow the legislature to enact changes to the law, which would not be possible with Initiative 65,” the opposition campaign document states. “MSMA is asking for you to join us in educating and encouraging our population to vote against Initiative 65.”
This marks the latest obstacle that reform advocates are facing as they work to inform the electorate about how to fill out the ballot to pass their proposal. Despite polls that show support for medical cannabis legalization at 81 percent in Mississippi, opponents aren’t acquiescing to public opinion.
MSMA President Mark Horne told WLBT-TV last week that the organization was asked to review the initiative and that “it was immediately clear that this is an effort focused on generating profits for an industry that has no ties to the medical or health care community in Mississippi.”
But according to Jamie Grantham, communications director for Mississippians for Compassionate Care (MCC), that talking point has only recently been aired and the campaign didn’t receive that feedback until MSMA mounted this opposition push. She told Marijuana Moment on Monday that the group’s steering committee is composed of several physicians who also had a hand in drafting the measure’s language—and that includes doctors who are part of MSMA.
“Ultimately, it boils down to patients being able to have access to this through their physician. They need to be able to have that conversation with them,” she said. “If certain physicians don’t see a benefit to that, that’s fine. But lots of other physicians do, and that’s evidenced undeniably in the 34 other states with medical marijuana programs where patients are receiving relief.”
AMA President Susan Bailey argued that “amending a state constitution to legalize an unproven drug is the wrong approach,” adding that there are concerns about youth exposure and impaired driving.
That said, a scientific journal published by AMA has printed research showing the advantages of broad marijuana legalization, however, with one recent study showing that people in states where recreational cannabis is legal were significantly less likely to experience vaping-related lung injuries than those in states where it is prohibited.
The organization has long maintained an opposition to legalization but has called for a review of marijuana’s restrictive federal Schedule I status.
Marijuana Moment reached out to AMA for comment, but a representative did not respond by the time of publication.
If the Mississippi campaign’s measure passes, it would allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.
In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve posed an additional threat to the activist-driven reform initiative. But, to advocates’ relief, the legislation didn’t advance before lawmakers went home for the summer.
Nebraska Activists Unveil New Medical Marijuana Initiative For 2022 Following Supreme Court Defeat
Nebraska activists on Monday announced they are filing a new medical marijuana ballot initiative after an earlier version got shot down by the state Supreme Court this month.
The previous proposal had already collected enough signatures from voters and qualified for this November’s ballot, but a local sheriff filed a challenge, arguing that it violated the state’s single-subject rule that prohibits measures that deal with multiple issues. The secretary of state’s office rejected that claim, but the case went to court and a majority of justices ultimately ruled that the proposal would be removed from the ballot.
While advocates are disappointed that the state won’t have the opportunity to enact the policy change this year, Nebraskans for Medical Marijuana didn’t waste any time putting together a new initiative that they feel will pass the single-subject test and appear on the 2022 ballot.
Language of the new proposal simply states: “Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes.”
Of course, that simplified text might satisfy the ballot policy, but it leaves an open questions about what—if any—regulated market would provide people with access to cannabis. It also doesn’t define eligibility, so that right to marijuana would appear to be unrestricted as long as person purports to use it for therapeutic reasons.
Those questions, if they remain unanswered by the campaign, could prove to be a sticking point for voters who would otherwise support regulated access to medical cannabis but might be uncomfortable with what could be a “free-for-all” situation that opponents have locked activists into with the single-subject challenge.
That said, the advocacy group says it plans to follow up the new simple constitutional amendment with “trailing statutory initiatives to set up a safe and secure medical cannabis system in Nebraska” if lawmakers fail to pass any medical marijuana legislation over the next year. That’s similar to how casino gaming supporters are pursuing their issue with companion constitutional and statutory ballot measures.
Under this year’s blocked initiative, physicians would have been able to recommend cannabis to patients suffering from debilitating medical conditions, and those patients would then have been allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.
Sens. Anna Wishart (D) and Adam Morfeld (D), cochairs of Nebraskans for Medical Marijuana, have tried for years to pass medical cannabis bills in the legislature only to be blocked by opposition from leadership.
Now, between the Supreme Court defeat and legislative inaction, they’re charting a new path.
“Families with loved ones suffering from conditions like epilepsy, PTSD, Parkinson’s, and cancer have fought for years to make medical cannabis safely accessible in our state as it is in 33 other states,” Wishart said in a press release. “This year over 190,000 Nebraskans successfully petitioned our government during a pandemic for that right, and despite receiving qualification from the Secretary of State, our initiative was removed from the ballot by a 5-2 vote from Nebraska’s Supreme Court. We will not give up and intend to bring this fight to the legislature in January with a bill that I will introduce and to the ballot in 2022.”
Morfeld added that the “new petition language indisputably presents a single subject and makes medical cannabis a constitutional right.”
“Then following with several statutory initiatives, we will establish a safe and regulated medical cannabis system,” he said. “Nebraskans have a constitutional right to petition their government, and we will not stop until they can exercise their right and have their voices heard on medical cannabis.”
— Senator Adam Morfeld (@Adam_Morfeld) September 28, 2020
While the timing isn’t ideal as far as advocates are concerned, given that presidential election years are typically targeted by cannabis reform supporters because of relatively larger turnout by supporters as compared to midterm cycles, 2022 is the next option they’re left with. That said, it’s possible that the continuing momentum for reform via the ballot could spur legislators to take up the issue in the meantime.
For what it’s worth, Nebraska’s attorney general said in an opinion last year that efforts to legalize medical marijuana in the state would be preempted by federal law and “would be, therefore, unconstitutional.”
Photo courtesy of Mike Latimer.
Top Illinois And Michigan Officials Give Marijuana Legalization Advice To Pennsylvania Lieutenant Governor
The lieutenant governors of Illinois and Michigan recently gave their counterpart in Pennsylvania some advice on how to approach marijuana legalization in his state.
At a virtual forum on Thursday, Pennsylvania Lt. Gov. John Fetterman (D) put several questions to Illinois Lt. Gov. Juliana Stratton (D) and Michigan Lt. Gov. Garlin Gilchrist (D), asking for tips on how to navigate the policy change as legislators in his state consider his push to enact a legal cannabis system.
“What I hope that Pennsylvania can learn from Michigan is that you can do it right. You do not have to piecemeal this together,” Gilchrist said.
— Lt. Gov. John Fetterman (@FettermanLt) September 23, 2020
“When you do it in the right way, it sets you up to create the systems and infrastructure to truly support people as this comes online, to create opportunities for those who have been oppressed and cut out of opportunity because they’ve been incarcerated or criminalized in the system to be able to participate in the potential prosperity that adult-use cannabis can create for communities in a full and robust and inclusive way,” he said.
Fetterman said that, from his perspective, Illinois is “the gold standard of legalizing recreational cannabis” because of how it intentionally approached restorative justice and social equity through reform legislation.
Because Pennsylvania doesn’t have a process through which citizens can put initiatives on the ballot, he said he was especially interested in how Illinois crafted an effective cannabis system legislatively.
“We had looked at other states and what was happening in other states, when we did our homework, we realized that really none of the other states had really kind of approached this legislation or their efforts—I think we were the first to do it by legislation—with an intentional lens of equity,” Stratton, who purchased cannabis gummies at a dispensary on the state’s first day of legal sales, said. “As all of us know, if you’re not intentional about equity, it just doesn’t happen because of the systems and the systemic racism that we’ve talked about. It does not happen that you just end up with equity.”
“We are working towards making sure that those individuals that were from many of the communities most harmed by the war on drugs could have real opportunity. We’re working towards that,” she said. “We are repairing the harm of what generations of bad policy—including, again, the war on drugs—has done to these communities that are disproportionately black and brown.”
Stratton also emphasized that, under her state’s marijuana model, 25 percent of cannabis tax revenue goes toward restorative justice grants for disadvantaged communities. She also noted that Illinois has been consistently “breaking records with sales,” even during the coronavirus pandemic. That said, there have been some snags in implementing an equitable model of cannabis business licensing in the state, with several lawsuits filed over the results of a recent application scoring round.
Gilchrist jumped in to offer Fetterman another tip as Pennsylvania navigates through legalization legislation.
“There’s another element that I want to discuss that that perhaps is something that you should think about in Pennsylvania, and that is that kind of—I won’t call it consensus building per se—but that kind of real and robust and muscular set of community conversations and involvement in the design of implementation is really important,” he said.
He said it’s important to ensure that there’s “accessibility” to enter the industry and remove barriers that keep people from participating.
“You don’t want people to be designed out of these opportunities,” he said. “And sometimes that can happen, both unintentionally and intentionally.”
Fetterman ended the event by reflecting on the increasing bipartisan support around legalization, and both of his guests agreed that their experiences demonstrated as much.
He and Gov. Tom Wolf (D) have been regularly talking about the policy change in recent weeks. At a marijuana reform rally earlier this month, for example, both officials discussed their support for legalization and the need to stand up Pennsylvania’s market as more surrounding states pursue legal cannabis models.
Also this month, Wolf took a shot at the GOP-controlled legislature for failing to get the job done. He also floated the idea of passing a bill that would allow the state itself to sell the cannabis to consumers.
While Wolf initially opposed adult-use legalization, he came out in support of the policy change last year after Fetterman led a statewide listening tour last year to solicit public input on the issue.
Shortly after the governor announced that he was embracing the reform, a lawmaker filed a bill to legalize marijuana through a state-run model.
A majority of Senate Democrats sent Wolf a letter in July arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the COVID-19 pandemic.
Photo courtesy of WeedPornDaily.