Cannabis is now legal in Canada.
The new Cannabis Act will Alter the current landscape
While medical cannabis is now legal in Canada, recreational cannabis isn't. In 2017, after years of effort promises, public consultations, reports and debate, the Government of Canada introduced an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the Cannabis Act). If enacted, the Cannabis Act will radically alter the current legal landscape. It will produce a rigorous legal framework for controlling the creation, distribution, sale and possession of cannabis for recreational and medical use in Canada. The underlying philosophy of the Cannabis Act is to protect youth, ensure public health and safety, discourage criminal activity and decrease the burden on the criminal justice system with regard to cannabis.
Cannabis is lawfully available only from licensed manufacturers, CBD wholesale companies and just for medical purposes. There's absolutely no standard retail distribution platform for medical cannabis and storefronts functioning as"compassion practices" or"dispensaries" are now prohibited. Instead, the medical cannabis distribution system relies on direct supply together with the certified manufacturer supplying medical cannabis directly to the patient.
To get medical cannabis a patient needs to be assessed by and get a"prescription," known as a medical record, from a doctor. As part of this application procedure to be provided with medical cannabis from a licensed manufacturer, the medical record is then registered by the individual with the certified producer. For further information, please refer to our Osler Update entitled On the path to legalization: Highlights of Canada's proposed Cannabis Act.
Federal regulations haven't yet been developed under the Cannabis Act.
The Cannabis Act will create a new legal market for recreational cannabis by establishing a licensing regime for the creation, processing, sale and distribution of recreational cannabis. These producers will have the ability to sell both recreational and medical cannabis, as approved by their licences. Following the Cannabis Act becomes law, current licence holders for medical cannabis may therefore be in a different timing advantage relative to new applicants. The level of this advantage may be based on the duration of the application review procedure that, if expertise under the ACMPRs is any indication, could take as much as a year to finish. The Cannabis Act will also allow households to"grow their own" recreational cannabis subject to a maximum of four crops per family.
The federal government has established July 1, 2018 as the target date to provide controlled and limited access to cannabis for recreational use.
No manufacturer involved in the illegal or so-called"gray" market will be qualified to get a licence under the Cannabis Act. Additionally, if Health Canada considers that a certified producer was involved in the illegal market their license could be revoked. For a more comprehensive look at the Cannabis Act provisions, such as criminal offences, administrative penalties, seizure powers as well as the licensing plan, please visit our Osler Update entitled On the path to legalization: Highlights of Canada's proposed Cannabis Act.
