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.
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.