BILL C-11
An Act to Amend the Controlled Drugs and Substances Act
Fifth Session, Forty-First Parliament
Elizabeth II, 2012.
HOUSE OF COMMONS CANADA
An Act to Amend the Controlled Substances Act
Her Majesty, by and with the advice and consent of the Senate and the House of Commons of Canada, enacts as follows:
INTERPRETATION
1. The definitions in this subsection apply in this Act.
(a). Cannabis: Three varieties of the cannabis plant exist: cannabis sativa, cannabis indica, and cannabis ruredalis. Cannabis sativa is the most commonly found, growing in almost any soil condition. The cannabis plant has been known in China for about 6000 years. The flowering tops and leaves are used to produce the smoked cannabis. Common terms used to refer to cannabis are pot, marijuana, dope, ganja, hemp. Hashish is produced from the extracted resin. Classified as a psychotropic drug, cannabis is a modulator of the central nervous system. It contains over 460 known chemicals, of which 60 are cannabinoids. Delta-9-tétrahydrocannabinol, referred to as THC, is the principal active ingredient of cannabis. Other components such [as] delta-8-tétrahydrocannabinol, cannabinol and cannabidiol are present in smaller quantities and have no significant impacts on behaviour or perception. However, they may modulate the overall effects of the substance.
(b). Legalization: Regulatory system allowing the culture, production, marketing, sale and use of substances. Although none currently exist in relation to “street-drugs” (as opposed to alcohol or tobacco which are regulated products), a legalization system could take two forms: without any state control (free markets) and with state controls (regulatory regime).
(c). Regulation: Control system specifying the conditions under which the cultivation, production, marketing, prescription, sales, possession or use of a substance are allowed. Regulatory approaches may rest on interdiction (as for illegal drugs) or controlled access (as for medical drugs or alcohol).
FACTS AND FIGURES:
1. Consumption
325,000 Canadians use marijuana on a daily basis. (Source: report of the Senate Special Committee on Illegal Drugs)
2. Offences a. Possession
The number of reported drug incidents in Canada reached 91,920 in 2001; cannabis-related offences accounted for 71,624 of those incidents (almost 77%).
Of those 71,624 offences, 70% were for possession, 16% for trafficking, 13% for cultivation, and 1% for importation.
Thus, possession of cannabis accounted for approximately 54% of all reported drug incidents.
3. Production
Marijuana production in Canada is steadily in creasing. The majority of which occurs in British Columbia. The number of growing operations in British Columbia is increasing by an average of 36% per year, and the average size is increasing at a rate of 40% per year. The average dollar value of the growing operations discovered in British Columbia is between $100,000 and $130,000.
4. Sentencing
Over the past ten years, 64% of persons convicted of drug trafficking were sentenced to imprisonment. The median sentence was four months. Probation was imposed as the most serious sentence in 24% of cases, and fines in 9%
PURPOSES OF ACT
2. The purposes of this Act are:
(a) to legalize the possession of cannabis for both recreational and medical use.
(b). to allow the Government of Canada to regulate the production and consumption of cannabis.
HER MAJESTY
3. This Act is binding on Her Majesty in right of Canada or a province.
GUIDELINES
4.The House hereby enacts the following amendments to the Controlled Drugs and Substances Act, and guidelines related to the possession and production of cannabis:
(a). Eliminate all Schedule II, VII and VIII clauses from the Controlled Drugs and Substances Act, thereby de-classifying Cannabis and its derivatives as illegal substances.
(b). Eliminate all Marijuana Medical Access Regulations and Industrial Hemp Regulations, as outlined in the Controlled Drugs and Substances Act
(c). Appoint a committee to set guidelines by which the Health Ministries of the Provinces and Territories must establish Cannabis production and sales policies, as well as create a price structure. The provinces must be consistent with each other in their policies and prices.
(d). Decriminalize production of cannabis and its derivatives, and establish a system of fines to be paid by anyone producing cannabis or its derivatives without permission from Provincial Governments.
(e). Establish system by which Canadian citizens can apply for licenses allowing them to produce cannabis. This cannabis is to be sold to the provincial and territorial governments at wholesale prices recommended by the committee established by section 4c of this act.
(f). The provinces and territories shall re-invest all revenue generated from cannabis sales and fines into their respective health care systems.
(g). Release all prisoners who convicted of marijuana possession, and decrease sentences for anyone who is serving prison time for multiple charges including a marijuana possession charge.
EXEMPTIONS
5. The following exemptions shall apply:
(a) Persons previously permitted to produce cannabis under the current Medical Access Regulations may continue to produce the amounts permitted according to the regulations until their licenses expire.
(b) All persons under the age of 19 will not be permitted to possess or produce cannabis. The same regulations and fine structure pertaining to alcohol will apply to underage persons found to be under the influence of cannabis.
(c) Driving motor vehicles while under the influence of cannabis or its derivatives will continue to be a punishable offence under current laws pertaining to impaired driving.
IN FORCE
6. This Act shall come into force on the first of January following Royal Assent.