Pubdate: Fri, 28 Apr 2017
Source: Ottawa Sun (CN ON)
Copyright: 2017 Canoe Limited Partnership
Contact: http://www.ottawasun.com/letter-to-editor
Website: http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Trina Fraser
Page: 19
Referenced: Cannabis Act: http://mapinc.org/url/Kd46SXou

POT-BILL HATERS SHOULD TAKE A DEEP BREATH

I've been pretty dismayed with the overall response to Bill C-45.
While I wasn't expecting mobs of joyous people cheering in the
streets, I was anticipating some appreciation for the fact that this
campaign promise had actually materialized into a history-making bill.

Instead, over and over, I am reading how the new cannabis legalization
is lacking and doomed to failure.

* "The feds have dumped all responsibility for distribution and sale
on to the provinces."

No, it's called the division of powers and it's a fundamental tenet of
Canadian federalism. Any attempt by the federal government to dictate
how recreational cannabis should be sold at retail would infringe upon
provincial powers.

* "The bill doesn't give any specifics on how all of this will
actually happen."

Of course not. The purpose of the act is to set out a framework. The
specifics will be found in the regulations to the act (which follow
enactment of the bill).

* "The costs of enforcement are being downloaded on to the
provinces."

I don't know how anyone could say this when there has not yet been a
decision on how cannabis will be taxed and how those tax revenues will
be shared.

* "I can still get arrested and face imprisonment for cannabis
offences." What Bill C-45 does is draw a great big circle. Everything
inside the circle will be legal. The obvious corollary is that
everything outside the circle remains illegal. Justin Trudeau didn't
promise a free-for-all. He promised a regulated industry which, by
definition, will include offences for non-compliance.

* "I could go to jail for growing five cannabis plants in my house."
OR you could just get a ticket for $200 and have no criminal record.
Plus you will now be able to grow four plants legally! The ability for
police to issue tickets for minor offences should be applauded.

I do have my own critiques of the bill. While I agree that packaging
should not appeal to kids, the creation of strong brands will
encourage people to choose legal cannabis over illegal. I was
disappointed that the bill essentially prohibits grey market
participants from "going legal." And as legal counsel to many
frustrated applicants seek medical cannabis production licences, I was
not happy to see provisions that purport to give administrative
immunity to Health Canada vis-a-vis the licensing process.

Don't get me wrong: I'm not opposed to a vigorous debate about
specific provisions of C-45.

But let's stop for a moment and really think about what has happened.
Our federal government has introduced legislation that provides for
the legal possession, production, extraction, distribution and sale of
cannabis for recreational purposes. It has done so in the face of
international treaties that require Canada to prohibit and criminalize
cannabis. It has done so in the face of a new U.S. administration that
has made some concerning statements about its intention to enforce
federal drug laws re: cannabis. It has done so in the face of a
not-insignificant segment of our population that, at best, is neutral
toward cannabis legalization and, at worst, is against any steps that
may be seen as "normalizing" cannabis use. And it has done so in the
face of an extremely complicated web of legislation that involves
every level of government.

Rome wasn't built in a day. Can't we all at least agree that, while
it's not perfect, it's a step in the right direction? And it's a
MASSIVE step, by the way.

Trina Fraser is a partner with Ottawa business law firm Brazeau Seller 
LLP (www.brazeauseller.com). A longer version of this column appears on 
lift.co: https://news.lift.co/always-look-bright-side-legalization/
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MAP posted-by: Matt