Pubdate: Fri, 12 Jan 2018
Source: Whitehorse Star (CN YK)
Copyright: 2018 Whitehorse Star
Contact:  http://www.whitehorsestar.com/
Details: http://www.mapinc.org/media/1493
Author: Emily Blake

YG CLEARS THE AIR ON PROPOSED CANNABIS RULES

What legal recreational cannabis could look like in the Yukon come
this summer has become a little less hazy.

The territorial government presented a summary of its proposed
legislation for the Cannabis Control and Regulation Act at a news
conference Thursday afternoon.

"The legislation is intended to provide for legal, controlled access
to cannabis that displaces illegal and criminal activity and to
prioritize public health and harm reduction," said Community Services
Minister John Streicker, who will be responsible for the act once it
is passed.

While it's planned that Yukoners aged 19 and older will be able to
legally purchase, possess, cultivate and consume cannabis sometime
this July, don't expect to be inundated with the distinct skunky aroma
in public spaces.

The government is proposing limiting cannabis consumption to private
residences and yards.

Smoking and vaping the substance will be prohibited in group living
facilities along with licensed child care homes like daycares and
pre-schools, whether or not a child is present.

It will also not be allowed in the common areas of buildings with
multiple units, including hotels, motels and bed and breakfasts.

Adults who live in nursing homes or specialized health care facilities
will only be allowed to consume cannabis in designated areas.

And condominiums with applicable bylaws and landlords will also be
able to legally prohibit some forms of consumption, similar to tobacco.

"In most cases, landlords are in a position to restrict activities
like that that have an impact upon their property," explained Lesley
McCullough, the deputy minister of Justice.

"Where they have a right to make such a limitation, they can choose to
do so and exercise it, but it's very much a case-by-case situation in
that respect."

Keeping with the legal framework released in November 2017, the
government also plans to retain the sole authority to import,
warehouse, transport and distribute recreational cannabis with the
Yukon Liquor Corp. functioning as the distributor corporation.

This means the government will set the price and determine the
varieties and brands of the plant more commonly known by coulourful
monikers including ganja, kush, herb and chronic, that will be
available for sale.

"As we think about pricing, we will be thinking about our goals; harm
reduction and displacing the illicit trade," said Streicker.

Potential pricing and the percentage of profits that will go toward
municipalities is still under consideration, he noted.

At first, there will only be one retail cannabis store in the
territory, anticipated for a location somewhere in the Marwell
industrial area of Whitehorse.

But those outside the city looking to get their hands on the "devil's
lettuce" won't be left out.

They can purchase cannabis from the distributor corporation online. To
prevent it from getting in the hands of youth, purchasers must verify
their identity and age to an agent upon delivery.

"It's based on a system that's occurred for quite a long time in
Ontario with respect to mail order alcohol, and it's been quite
effective there with respect to servicing communities," explained
Justice Minister Tracy-Anne McPhee.

The proposed act also makes way for future regulations that will allow
for private retailers to sell cannabis, similar to the sale of alcohol
at off-sales outlets.

Details on what those regulations may include, like citing
restrictions, are still under review.

When that time comes, the government proposes a licensing process
involving the distributor corporation and a Cannabis Licensing Board,
for those interested in becoming commercial retailers.

This board will be made up of five members appointed by the Yukon
government for three year terms. It will have the authority to issue,
refuse, cancel and suspend licences.

When reviewing licence applications, the board will consider the
number and type of licences already in an area, as well as population,
economic benefits and public views.

For commercial purposes, only producers licensed under the federal act
may grow cannabis.

But for personal use, a maximum of four plants may be permitted at any
one dwelling house out of public sight.

And when it comes to possession in public, it will be limited to 30
grams of dried cannabis flowers, also known as marijuana, or
equivalent forms of the substance.

According to schedule 3 of the federal Cannabis Act, 30 grams of
marijuana are equal to 150 grams of fresh cannabis, 21,000 grams of a
liquid product like oil and 30 cannabis plant seeds.

Possession in a vehicle will be prohibited unless it is in a closed
container and inaccessible to all people in the vehicle.

And anyone in possession of cannabis must also take reasonable
measures to ensure young people cannot access it.

Pauline Frost, the minister of Health and Social Services, noted that
the proposed legislation, which centres on the government's "cautious
approach", focuses on protecting youth and safety.

"We are focusing on protecting youth from the negative health effects
associated with cannabis consumption," Frost said.

She said the government is engaging with youth across the territory
and plans to launch an ongoing health and education campaign targeted
at youth and their families.

"We want to ensure that our young people know about the risks that
come with using cannabis and that they can make educated, informed
decisions about when if ever they choose to use cannabis."

Finally, the draft summary details the Yukon government's plan for
enforcement.

It says penalties for breaching the act will depend on the seriousness
of the offence.

There is the expectation that offences like the large sale of cannabis
without a licence will incur significant penalties while offences like
public consumption by an adult will carry a standard fine.

If a person is convicted of an offence, any cannabis seized will be
forfeited to the Yukon government.

And, similar to alcohol, those intoxicated in public can be taken into
custody by a peace officer instead of being charged.

"This is really a safety protection section and not a punitive section
in any way," explained Al Lucier, an assistant deputy Justice minister
and a former RCMP member in the Yukon.

"It gives way to sort of the officer's ability to give the protection
to the public and to that individual if they're showing gross
intoxication so as they're not going to have a danger of falling down
in a snow bank at 40 below."

The government also notes that at the federal level, the Liberals are
proposing changes to the Criminal Code.

The territory's proposed legislation is in anticipation of the Trudeau
government's promise to pass federal legislation legalizing cannabis
sometime this July. The original
Canada Day implementation date
has been scrapped.

The Yukon act has to be tabled within the first five days of the start
of the 2018 spring sitting of the legislature, which will begin March
1.

"I want to stress that the legislation is still being drafted, and we
are looking forward to hearing again from Yukoners on their views on
this proposed legislation," said McPhee.

The Yukon Party has said they plan on carefully reviewing the summary,
focusing on supporting the private sector, taxation and enforcement
provisions.

More information on the proposed legislation is available at
https://engageyukon.ca/en/2017/cannabis-legalization and the
government is accepting feedback via email at  until
February 12.
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MAP posted-by: Matt