Home Summit Submissions Summary Links Email

From the Senate Special Committee Report:

A regulatory approach to cannabis

The prohibition of cannabis does not bring about the desired reduction in cannabis consumption or problematic use. However, this approach does have a whole series of harmful consequences. Users are marginalized, and over 20,000 Canadians are arrested each year for cannabis possession. Young people in schools no longer enjoy the same constitutional and civil protection of their rights as others. Organized crime benefits from prohibition and the criminalization of cannabis enhances their power and wealth. Society will never be able to stamp out drug use – particularly cannabis use.

Some might believe that an alternative policy signifies abandoning ship and giving up on promoting well-being for Canadians. Others might maintain that a regulatory approach would fly in the face of the fundamental values of our society. We believe, however, that the continued prohibition of cannabis jeopardizes the health and well-being of Canadians much more than does the substance itself or the regulated marketing of the substance. In addition, we believe that the continued criminalization of cannabis undermines the fundamental values set out in the Canadian Charter of Rights and Freedoms and confirmed in the history of a country based on diversity and tolerance.

We do not want to see cannabis use increase, especially among young people. Of note, the data from other countries that we compared in Chapters 6 and 20 indicate that countries such as the Netherlands, Australia and Switzerland, which have put in place a more liberal approach, have not seen their long-term levels of cannabis use rise. The same data also clearly indicate that countries with a very restrictive approach, such as Sweden and the United States, are poles apart in terms of cannabis use levels and that countries with similar liberal approaches, such as the Netherlands and Portugal, are also at opposite ends of the spectrum, falling somewhere between Sweden and the United States. We have concluded that public policy itself has little effect on cannabis use trends and that other more complex and poorly understood factors play a greater role in explaining the variations.

An exemption regime making cannabis available to those over the age of 16 could probably lead to an increase in cannabis use for a certain period. Use rates would then level off as interest wanes and as effective prevention programs are set up. A roller coaster pattern of highs and lows would then follow, as has been the case in most other countries.

This approach is neither one of total abdication nor an indication of abandonment but rather a vision of the role of the State and criminal law as developing and promoting but not controlling human action and as stipulating only necessary prohibitions relating to the fundamental principle of respect for life, other persons and a harmonious community, and as supporting and assisting others, not judging and condemning difference.

We might wish for a drug-free world, fewer smokers or alcoholics or less prescription drug dependency, but we all know that we shall never be able to eliminate these problems. More importantly, we should not opt to criminalize them. The Committee believes that the same healthy and respectful approach and attitude should be applied to cannabis.

It is for this reason that the Committee recommends that the Government of Canada amend the Controlled Drugs and Substances Act to create a criminal exemption scheme, under which the production and sale of cannabis would be licensed. Licensing and the production and sale of cannabis would be subject to specific conditions, which the Committee has endeavoured to specify. For clarity’s sake, these conditions have been compiled at the end of this section. It should be noted at the outset that the Committee suggests cigarette manufacturers should be prohibited from producing and selling cannabis.

Recommendation 6

The Committee recommends that the Government of Canada amend the Controlled Drugs and Substances Act to create a criminal exemption scheme. This legislation should stipulate the conditions for obtaining licences as well as for producing and selling cannabis; criminal penalties for illegal trafficking and export; and the preservation of criminal penalties for all activities falling outside the scope of the exemption scheme.

Recommendation 7

The Committee recommends that the Government of Canada declare an amnesty for any person convicted of possession of cannabis under current or past legislation.