Legal Updates

WSPS.CA/LEGISLATION LEGISLATION BRIEFING BILL C‐45 AN ACT RESPECTING CANNABIS AND TO AMEND THE CONTROLLED DRUG AND SUBSTANCE ACT, THE CRIMINAL CODE AND OTHER ACTS April 26th, 2019 On April 13th, 2017 the federal government introduced Bill C‐45 the Cannabis Act to legalize and regulate the production, sale and possession of marijuana in Canada. On June 19th, 2018 Bill C‐45 received Royal Assent, and came into force on October 17th, 2018. Provincial governments are granted authority to make the corresponding legislative and policy changes in their jurisdictions. What is Bill C‐45? Bill C‐45 has a number of key objectives embedded in the framework of this act, these are: To protect public health and public safety by establishing strict product safety and product quality requirements To prevent young persons from accessing cannabis To deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework To reduce the burden on the criminal justice system in relation to cannabis The most notable section of this bill is Part 1, which sets out the prohibitions, obligations and offences as it relates to possession, production and distribution. Under this section, it is prohibited for an individual who is 18 years of age or older to possess, distribute or sell cannabis unless it has been authorized by the government. This same prohibition applies to organizations and young persons. Any violation of this would results in imprisonment for adults, a youth sentence under the Youth Criminal Justice Act and a fine at the discretion of the court. It is also prohibited to obtain or offer 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; or to alter or offer to alter the chemical or physical properties of cannabis. It is prohibited for individuals over the age of 18 to cultivate or harvest cannabis for illicit purposes. However, individual provinces have the authority to ban or restrict the cultivations of cannabis plants in households. In addition, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis. Informational promotion is permitted under certain circumstances. Facilities used for sports or cultural events will be prohibited from displaying, as part of their name or otherwise, a brand element of cannabis or the name of a person that produces, sells or distributes cannabis. Subject to exemptions made by regulation, cannabis will be prohibited from being promoted in a manner appealing to persons under the age of 18.

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